Filing fraudulent documents at the courthouse is both unethical and illegal, but it’s a crime that dishonest people get away with. If never discovered, erroneous files passed on as fact at a courthouse can alter the future of land management. The act is considered fraud, and anyone found aiding and abetting the passing of false documents may spend time in prison and be required to pay a fine. They will also be unable to prepare or submit such documentation to the court ever again.
Who Might Engage in This Behavior?
While any individual is allowed to submit documentation required by the court, it is customary for an attorney to oversee all legal proceedings between a landowner or other individual and the court system. Attorneys, people who work in a courthouse, and anyone in the land management business including owners and buyers may be investigated for acts of fraud in courthouse documentation.What Should I Do If I Suspect Fraudulent Documentation?
If you believe that a file has been fraudulently submitted, you will need to take very specific steps to ensure that the proper channels are notified for investigation. If you believe that someone knowingly submitted documents with false, exaggerated, forged or otherwise erroneous information, then you should:
- Gather every piece of evidence you have. As soon as possible, write down the information you have regarding the factual information, the situation that alerted you to the false documentation, original records and current records. Written documentation can be very powerful evidence if the case is ever taken to court.
- Hire a landman and/or a 3rd party attorney. A landman will understand the rights, contracts and other nuanced rules regarding the dispute. He may be able to clarify or identify further pieces of evidence, if needed. An attorney experienced in land contracts and disputes should offer a free initial case evaluation. If the fit is right, it is always a good idea to consult an outside attorney when filing a grievance or taking other legal action against fraudulent parties.
If a nearby attorney is suspected of fraud, you may need to go well beyond the local jurisdiction to find a party who is unbiased. Present all your facts, and this attorney will determine whether you have enough information to move forward or reevaluate the necessary evidence required to bring a case before a judge. - File a grievance with the state bar association, present the evidence to the district attorney and/or take other legal actions. Based on your attorney’s recommendation there are several potential steps you can take after you have gathered your evidence. You will need a strong case to move forward, especially if the district attorney and the attorney in question are one and the same.
There are several ways that an individual may choose to move forward after learning that an individual has fraudulently filed documents. If you are the victim of a scam, it may be difficult, but with patience and the help of a trusted attorney you can move forward with a case and bring any wrongdoer to justice.
* Image courtesy of freedigitalphotos.net and Stuart Miles
