Tuesday, February 14, 2012

Suit: Unwitting Man Loses Home To F'closure After Scammer Sells Residence Out From Under Him, Allows Subsequently-Obtained Mortgage To Go Into Default

In Madison County, Wisconsin, The Madison/St.Clair Record reports:

  • An Alton man claims he lost his home after a notary authenticated a fraudulent signature that conveyed his home to another owner.

  • Stephen R. Evans filed a lawsuit Jan. 20 in Madison County Circuit Court against Robert Albert Burns, David C. Davis and Nicholas P. Terry. In his complaint, Evans alleges Burns notarized a quit claim deed on Aug. 30, 2005. The deed conveyed Evans's home [...] in Alton to Terry. Evans's signature on the deed, however, was fraudulent, according to the complaint.

  • Evans claims he was not aware of the quit claim deed until May 2008 when a foreclosure judgment was entered on his property. Because of the deed, Evans lost ownership of his home resulting in a loss of more than $50,000 but less than $75,000, the complaint says.

  • Evans blames Burns for contributing to the loss of his home, alleging Burns negligently failed to perform his duties and failed to obtain identification for Evans before notarizing his signature.

  • "The defendant knew or reasonably should have known that the plaintiff was not present before him on August 30, 2005, or any other date and did not sign the purported Quit Claim Deed," the suit states.

  • In addition to Burns, Evans names Davis as a defendant, saying he negligently prepared a mortgage on Terry's behalf even though he should have known Evans's signature to be fraudulent. Terry is also named as a defendant because he allegedly forged Evans's signature on the quit claim deed, according to the complaint.

  • In his five-count complaint, Evans seeks a judgment of more than $239,000 but less than $300,000, plus punitive damages, attorney's fees, interest and costs.

Source: Alton man claims he lost home in fraudulent conveyance.

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