The statute of frauds is a legal principal that requires certain contracts to be in writing in order to enforce them. It is traditionally reserved for contracts involving important or expensive subject matter, such as the sale of land, contracts for marriage, or the sale of goods totaling more than $500. In these instances, the contract is only enforceable if the terms of the agreement are in writing and it is signed by the party against whom the agreement is being enforced. It is used as a defense in cases where one party is suing another for breach of contract regarding one of the situations the statute covers. For…
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Lindley Law Secures Order Striking Deed from Chain of Title
Earlier this month, Lindley Law secured an order declaring a contested deed null and void for lack of proper authentication. Representing the guardian of the estate of an elderly woman who was adjudicated incompetent, Lindley Law sought to protect her property interest from an attempted transfer by her son. Lindley Law alleged the deed was invalid under eight different legal theories, including fraud and forgery. In performing its due diligence, Lindley Law located the mother’s notarized signature from twenty-nine (29) other documents over a time period spanning more than twenty (20) years. The signature on the deed in question did not resemble the other known signatures, but a handwriting…
