Wednesday, July 31, 2013

Should you sign this 12?

A final note on being a co-signer on documents.

     It is difficult to refuse to sign a document when it is presented to us by a loved one, a family member or a trusted friend.  After all, if you refuse to sign it, does this mean you are a bad husband/wife, a bad friend or a lousy individual?  If your husband wants you to sign some paperwork now, NOW, NOW! are you an unfaithful wife for wanting to read it over and understand its contents?  After all, you are married, what difference does it make?

    I refer to the famous line in the great movie "The Godfather:" it's nothing personal - it's strictly business.

     Hard as it is to accept, we live in a world of business transactions.  The ultimate arbitrators of the document you sign will not care if you are a good spouse, a wonderful family member or a trusted friend.  The only thing they will care about is that your signature is on the document.  The only thing that matters is that if they need to collect, they can come to you.  The only thing that matters is that you have signed on the line that is dotted.

     Given this harsh but true set of facts, isn't it worth a few minutes of your time to know what you are signing?

   Further, no one has the right to tell you that you need to sign a document.  If the person asking you to sign a document is your spouse, your family member, your friend, then they of all people should understand your very reasonable request to look it over, to understand what you are signing and if you do not understand it, then to at least have the opportunity to have someone who does understand it look it over. 

   Sad as it is to say, if they will not let you take these actions, then they are no friend of yours.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Tuesday, July 30, 2013

Should you sign this 11?

After reviewing all of the articles that have been posted with this thread, one thing should be very clear to everyone:

DO NOT SIGN A DOCUMENT UNTIL YOU UNDERSTAND ITS CONTENTS!

Take it to a lawyer, take it to an advisor if you do not understand it.

     Being a co-signer on a document is, for the most part, the same as being a signer.  If the holder of the document cannot come after the primary signer, he can come after the secondary signer.  The co-signer of the document is creating a binding, legal contractual relationship between themselves and the other party on the document.

   When someone tells you to "sign this," therefore, as a co-signer, you should be just as careful as if you were the primary signer on the document.  Once again, re-read the articles that accompany this thread.  The dangers of a being an uninformed co-signer are clearly spelled out.

     We will finish this thread tomorrow.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Monday, July 29, 2013

Should you sign this 10?

OK - in continuing our discussions about how to void a contract when you are a co-signer on a contract, there are two more possibilities:

1.    The contract is illegal.  If the contract is illegal, then the contract is void and unenforceable.  This does not occur very often in the United States, but it still does happen.

2.  The contract itself is void because of public policy.  An example of this are certain attorneys' contracts in which an attorney will obtain a portion of the client's settlement in family law cases.  In Texas, these contingency agreements are used in many situations with no problem, but Texas does not permit an attorney to sign a contingency agreement in a family law matter. 

We will wrap up this discussion in the next two posts.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Saturday, July 27, 2013

Should you sign this 9?

We are still discussing the ways in which a contract can be voided under Texas law.  This once again is part of the general overall discussion of what happens when a person is a co-signer on a document.  As discussed, when a person is a co-signer, he is responsible for payment of the contract (note). 

     One of the most basic aspects of contract law is called the "statute of frauds."  This means that for certain contracts, the contract has to be in writing.  You cannot have an oral contract for certain types of contracts.  Examples of this are contracts for real property, leases of one year or more and loan agreements.  These must be in writing.

    Although this is somewhat esoteric, it is part of the thread that some contracts can be voided.  We will move on with the thread involving being a co-signer on contracts.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Friday, July 26, 2013

Should you sign this 8?

Another defense that may be available if a person signs a document and is attempting to make the document unenforceable, or void the document, is the defense of lack of capacity.

     Lack of capacity means that the person lacked the requisite mental capacity to enter into the agreement.  A basic form of lack of capacity is that the person who signed the document is a minor and therefore the document is not binding.  A minor, at least in the State of Texas, is a person under the age of 18 and whose disability has not been removed.  It may be different in other states.

    Another basic lack of capacity is if a contract was made with a person who lacks the mental capacity to make such a contract.  Such a contract is also voidable.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Wednesday, July 24, 2013

Should you sign this 7?

We will spend the next few posts talking about defenses if a person has signed a document without fully understanding its contents.
 
     A common defense in this situation is: was the person compelled under duress to sign the document? 
 
     If there is evidence that the person did not sign a document freely, voluntarily and knowingly, then the document was signed without the person having the capacity to sign the document.  If the document is signed by a person who did not have the capacity to sign the document, the signature on the document may be invalid and the contents of the document nonbinding upon the person. 
 
    An easy example of duress is if a person is threatened with violence if he does not sign the document.  This, of course, is a clear indication that the document was not signed voluntarily
 
    Of course, if a person is going to present this defense, he must have the evidence to substantiate it.
 
NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.
                                             
 
----------à>>>>>>>>>>>>>>>gene tausk
 

Tuesday, July 23, 2013

Should you sign this 6?

Well, we have seen several good articles on the perils of signing documents, even those documents that are presented to us by close friends or family members.

     Therefore, the first item for discussion is very simple: always read what you are signing and be aware of the consequences of signing documents.  There is an old law school maxim that "the worst written contract is better than the best oral contract."  If it is in writing, most likely it is admissible in court.  Once you sign the document, you are usually bound by the contents of these documents.  Therefore, know what you are signing.

    Examples that have been given here include co-signing loans.  It should be clear just on the face of it (you are a "co-signer"), but if not, be aware that you are responsible for paying back a loan if the primary borrower cannot.  Your signature on the loan document is not just there for fun - you are putting your name and promise on a legally binding document.

     Therefore, although this advice is as old as dirt, it is still just as relevant - always read first what you are being asked to sign.

For the next post, we will examine some defenses to removing yourself from the legal consequences of signed documents.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Sunday, July 21, 2013

Should you sign this 5?

Another good article on signing documents with your spouse

http://www.debtontario.com/article.php?ArticleID=9


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Saturday, July 20, 2013

Should you sign this 4?

A good brochure from the Washington State Bar Association on the danger of signing documents which you have not read:

http://www.wsba.org/News-and-Events/Publications-Newsletters-Brochures/~/media/Files/News_Events/Publications/Consumer%20Info%20Pamphlets/Signing%20Documents%200211.ashx


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Thursday, July 18, 2013

Should you sign this 3?

Another good article on the perils of signing documents - especially being a cosigner on a loan.

http://www.bankrate.com/finance/debt/reasons-not-to-co-sign-loan.aspx


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Wednesday, July 17, 2013

Should you sign this 2?

Should you sign a document that is put before you by a close relative without examining it?

Readers of this blog already know the answer to this one.

But, before we get into the discussion of this topic, I am going to post articles on the subject which are important.

First article:

http://www.forbes.com/sites/peterjreilly/2013/04/15/do-not-be-pressured-into-blindly-signing-a-joint-return/


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Tuesday, July 16, 2013

Should you sign this?

  I began this thread a few weeks ago but then the historic decision from the United States Supreme Court was delivered regarding the right against self-incrimination.  So, it is time to revisit the issue. 

   Here is the first post I made on the subject:

We will begin a thread on another fraud topic, one that is extremely serious and affects tens of thousands of people, possibly more.

     What happens when a loved one, or someone we trust, asks us to sign a document without reading it or not allowing us to really understand what we are signing?  I am not talking about a stranger asking you to sign something without getting a second opinion or someone you don't know asking - we all should know by now that this should set off alarm bells.  I am instead asking what happens if a husband, wife, close relative, close friend, someone you trust is asking you to sign a document without giving you the opportunity to review it or get a second opinion.

     The abuse of trust is something which is tragic to describe and equally tragic in its consequences.  However, this entire blog is devoted to fraud - the use of trust to get a person to perform an action.  In this instance, it is someone we trust who is taking advantage of us.

     We will explore this topic over the next few days.

So, let's return to this topic for the next thread of posts.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Sunday, July 14, 2013

Debt Relief Scam in the Southern District

Debt relief scam in the Southern District of Texas

http://www.justice.gov/usao/txs/1News/Releases/2013%20July/130712%20-%20Chilo%20and%20ONeil.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Saturday, July 13, 2013

Life lessons from the word's greatest pickpocket

Being a pickpocket is not entirely fraud, but it is a method of using deceit to commit a crime.  So, in a sense, it is a type of fraud.

    Here are some tips on how to avoid becoming a victim of pickpocketing.

http://www.newyorker.com/online/blogs/culture/2013/01/video-the-art-of-pickpocketing.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Thursday, July 11, 2013

Identity Theft in the Eastern District

Identity Theft in the Eastern District of Texas

http://www.justice.gov/usao/txe/News/2013/EDTX_Montes062813.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Wednesday, July 10, 2013

Investment Fraud in the Eastern District

Investment fraud in the Eastern District of Texas:

http://www.justice.gov/usao/txe/News/2013/EDTX_FFETF_PROVIDENT070313.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Monday, July 8, 2013

Fraud in the Northern District

Structured transactional fraud in the Northern District

http://www.justice.gov/usao/txn/PressRelease/2013/JUN2013/jun27jabal_mohamdad_sen.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Sunday, July 7, 2013

Tax evasion in the Northern District

Tax Evasion in the Northern District of Texas

http://www.justice.gov/usao/txn/PressRelease/2013/JUN2013/jun28white_randy_plea.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Saturday, July 6, 2013

Perjury in the Northern District of Texas

Perjury in the Northern District of Texas

http://www.justice.gov/usao/txn/PressRelease/2013/JUN2013/jun28garcia_ernesto_perjury_plea.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Friday, July 5, 2013

Fraud involving mail in the Southern District

A massive scheme involving the U.S. mail in the Southern District of Texas

http://www.justice.gov/usao/txs/1News/Releases/2011%20June/110630%20Lim.htm


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Wednesday, July 3, 2013

Corruption charges in the Southern District

Corruption charges in the Southern District of Texas

http://www.justice.gov/usao/txs/1News/Releases/2013%20July/130701%20-%20Carson%20and%20Washington.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Monday, July 1, 2013

Some of the biggest scams of all time

Courtesy of Cracked magazine - some of the biggest frauds of all time:

http://www.trutv.com/conspiracy/photos/biggest-scams-history-ponzi-schemes-madoff-419-nigeria/photos.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk