Legal Question in Real Estate Law in Arizona

Re: Commercial Property Scam...! ''by my own family''

I am not sure which state you are in. Arizona?

Your problem is a difficult one, due to the oral nature of your original agreement with the family, or might we say the do-it-yourself estate planning. It is not really possible for someone else to give you a proper opinion with the limited information available here. It looks like a lawsuit is already filed, there are records, documents, correspondence, pleadings, perhaps motions, etc. that cannot be reviewed here. Your present attorney has all the facts, I presume, but we do not. My advice is that if you want a second opinion you will have to get one just like a medical patient would, by having the second professional do a comprehensive examination.

The fact that you made all the payments looks like you didn't sell it to others. The fact that they paid off the mortgage without your knowledge is interesting. What arrangements or discussions took place whicle you were ill? Was anyone handling matters for you? Did you have a durable power of attorney? Are there other documents that would shed light on your arrangement? What is the legal position of your family in their lawsuit? Are they claiming you rented the building form them? Did they claim the rent as income during those years? Did you have creditors or another reason to put the property in someone else's name? For a second opinion someone else would have to review all the correspondence, documents, court pleadings, etc. and get the complete history of your case.

This is another example we will add to our files of the danger of placing title to property in "someone else's" name, instead of a proper written agreement, trust, etc.

Best wishes,

James D. Jenkins

Re: Commercial Property Scam...! ''by my own family''

I think that you are right "in principle" if the facts are as you stated and proof will show that you did not intend to give them the property. I would also look at a claim against them for breach of a constructive trust, that the law will impose a trust and the duties of a trustee/fiduciary on the family members who were in fact holding title to the property for you. No one can guaranty the outcome in court, but I feel that you have a strong case.