Legal Question in Elder Law in California

My 85 year old father was an apparent victim of elder financial abuse and a real estate scam by a female real estate agent who was living in Sacramento, California at the time, and her 45 year old daughter who was living in Maui. My father was also living in Sacramento at the time he was subject to the financial abuse and scam by these two perpetrators.

To accomplish their scam and acquire the property, the California real estate agent and her 45 year daughter, persuaded a Hawaii real estate agent, mortgage broker, and Title Company escrow officer to process the loan by merely telling them over the telephone that she was my father�s �significant other,� (which was untrue), a licensed real estate agent in California, and my father couldn�t hear over the telephone, so they should run the entire transaction through her. None of the agents, officers, or their companies ever secured anything in writing from my sick and elderly father giving his consent or authorization to allow any third party individual to act in his best interest in processing a loan in his name.

The Maui Real Estate agency, and mortgage and Title Company is Maui not only received and transmitted my father�s private, confidential financial and personal information through the third party California agent, but they used the California agent�s daughter as the attorney in fact to sign the closing documents- a violation of the lending policies of Fannie Mae, the entity which funded the loan. In return for her �assistance� in helping the Maui agents in processing the loan, they helped the California agent get her name on Title to my father�s property by drafting a new deed for her to persuade my unsuspecting father to sign. Although my father became responsible for paying the mortgage, the California Agent and her daughter confiscated and moved into the property because the Cailfornia real estate agent had her name on Title as 50% owner. The two of them acquired the keys from the Maui real estate company, moved into the house and continue to live there without paying rent or any portion of the mortgage as my father experienced complete financial ruin unable to pay the mortgage.

My question is, what would be the proper jurisdiction and venue in which to file a lawsuit for elder abuse and real estate fraud against the California Real Estate agent, her daughter, as well as the real estate company, mortgage company, and Title Companies in Maui? Although the companies were located in Maui, they are nationwide companies with their head offices located here on the mainland?


Asked on 10/02/15, 10:01 am

2 Answers from Attorneys
Charles Perry Law Offices of Charles R. Perry

It seems clear that the real estate agent can be sued in California.

It is less clear as to the daughter. The question is one of "minimum

contacts" between the daughter and California, with respect to the

wrongful action. This is a detailed factual inquiry. The fact that

the daughter's actions were intended to adversely impact someone she

knew was a California resident would be a strong factor in a court's

decision as to whether jurisdiction exists.

You and your father need to talk to a lawyer about this case. I

strongly suggest you do so at your earliest opportunity.

Read more
Answered on 10/02/15, 10:34 am
Armen Tashjian Law Offices of Armen M. Tashjian

First, a police report must be made promptly in the police station closest to the house. Next, a complaint should be filed with California Department of Real Estate in order to get that agent investigated. Third, a lawsuit should be filed in the county where the house is located.

Read more
Answered on 10/02/15, 10:38 am


Related Questions & Answers

More Elder Law questions and answers in California