Is there a penalty for lying and falsifying information while disputing constructive trust/equitable title for property? 9 Answers as of April 30, 2014

Four families equally divided the purchase price of a 3.5 acre property and had the title put in one of the four parties name for convince purpose. Twenty some years later, the person whose name was on the title deeded it over to her son and excluded the other three owners. Since then she has constantly lied saying she is and has been the only owner and the only one to pay taxes. We have been able to get a quit deed in our name and have verification of tax receipts. Now she admits there are your owners but she is trying to effectuate a partition with her having 3/4 and us 1/4. The other two owners are unaware of our dispute. We purchased one of the other owners piece but only paid for 1/2 of her asking price that would make us more than 1/4 owner. The lady holding the title has letters (about 25 of them) that catch her lying. We wouldn't be in this battle if she would have told the truth in the first place. Is there a penalty for lying, all of which are in writing, and can we make her pay for our court costs?

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Ronald K. Nims LLC | Ronald K. Nims
Ohio is a title state, if the title is in her name - she's the owner. Ohio courts are not allowed to hear arguments of oral agreements that conflict with the title. Whoever thought putting the title in one name and having four split the costs is a stone cold idiot. Saved a $200 attorney fee and lost the property - GENIUS. Bet that $200 doesn't seem like such a big deal now. If you shoot yourself in the leg, think of all the money you can save by not going to the ER - doctor bills, rent, gas, food. I mean, you'll die, but look at all the money you'll save, were you born in Michigan?
Answer Applies to: Ohio
Replied: 4/30/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Perjury (if under oath) is a felony. This sounds like a can of worms; you are going to need a tenacious lawyer.
Answer Applies to: California
Replied: 4/28/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You need to find a local real estate attorney to help you get through this mess. I have the feeling that nothing will happen until somebody files a quiet title action.
Answer Applies to: Idaho
Replied: 4/28/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Suggest you obtain the services of a probate/trust litigation lawyer to seek damages against the person for loss of value of ownership.
Answer Applies to: California
Replied: 4/28/2014
Law Office of Pamela Braynon | Pamela Y. Braynon
This situation may have to result in a lawsuit, because legally the person whose name is on the title is the rightful owner of the property. Payment of taxes on the property does not constitute ownership in terms of the law. Partitioning is a legal action that means a judge has to sign the order to partition the property. If all the evidence is presented before the judge, the judge may rule in the majority?s favor or may just go with the title. So its not a question of lying, it is more of a question of who has title to the property.
Answer Applies to: Florida
Replied: 4/28/2014
    Frederick & Frederick PLC | James P Frederick
    You can ask that she pay the court costs. Under the circumstances, a judge might agree with you. In 25 years of practice, however, I have not seen the court award costs in a case like this. Your best bet is to present her with the evidence, indicate that you are going to take her to court and ask for costs, and suggest that she agree to settle with you.
    Answer Applies to: Michigan
    Replied: 4/28/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Lying under oath and perjury can have legal repercussions. It does not appear that the alleged lying was in that context. Proof that a person is lying to gain advantage might be used to challenge the veracity of a witness in a court proceeding. It appears you need a quiet title lawsuit or a partition suit to provide a forum within which ownership interests can be determined.
    Answer Applies to: Illinois
    Replied: 4/28/2014
    James Law Group
    James Law Group | Christine James
    The costs and attorney fees will not likely be paid back for lying. Hopefully you have an attorney helping you, while it doesn't seem like it, you would probably save a lot of time and money if you did.
    Answer Applies to: California
    Replied: 4/28/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You need legal counsel to review all of the paperwork. There is no simple answer to your issues.
    Answer Applies to: Nevada
    Replied: 4/28/2014
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