Loudon, TN asked in Consumer Law, Criminal Law and Business Law for Tennessee

Q: What should be done when a Former Partner of a surveyor, hired for private property job, impersonates the person hired?

My brother gave all pertinent papers (*wills) to this person, then realized it was not the person who had been hired. He stopped payment on a check in the amt. of $6800.00, called the appropriate person, and he's now waiting to hear from him again. I live in TN, as well as my brother, although he's a four hr drive away. We have no deeds, but the wills clearly establish our property inheritance. I will need to find a real estate attorney after the issue of this misrepresentation is resolved. Please advise.

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You will have to call the Sheriff's Department and ask to swear out a Warrant with a Detective. Let the Magistrate decide which Criminal Statute was violated. But since you actually paid no money, probably no charges will be issued. It is possible a Complaint to the Land Surveyor's Branch of the Tennessee Department of Commerce and Insurance should be filed. You should have never hire a Surveyor to determine Title Ownership of Real Property. If the Wills you have were not Probated, then they have no effect and the Heirs-At-Law own the property. Immediately hire a competent lawyer that can handle real estate litigation. Let him recommend a Surveyor later to determine selected land boundaries.

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