Q: I just became aware that my Siblings forged my name on a deed of a in 2007. I am unsure re SOL.
I had been told house was being rented. We owned the property jointly.
House in MD; I live in AZ
A: Maryland follows the “discovery rule” for purposes of the statute of limitations, meaning the three years SOL for suing for fraud would begin from the time you discovered, or should have discovered, the fraud. Now that you know of the fraud, you must act diligently to protect your rights. That should include immediately filing suit so as to set up “lis pendens” to extop any third party (like a lender or new purchaser of the property) from obtaining an interest in the property superior to yours. Hire counsel as soon as possible. Do not let your sibling know that you have discovered their fraud before you file suit.
A: While the statute of limitations on real estate is 20 years, the limitations for fraud is three years. That limitations period starts with when the harm should have been or was discovered. Sitting in your rights after three years is just foolish. You should consult a Maryland lawyer to review the evidence of the forgery immediately. Relying on a criminal prosecution is a bad idea.
A: You must sue to have the deed declared void. Now that you have discovered the forgery, you have limited time.
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