Legal Question in Civil Litigation in California

It sounds like you have an interesting situation. You should sit down with a lawyer ASAP with all of your documents to see if you have a case worth pursuing.

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It is awfully hard to fraudulently sell a house. It sounds like the mortgage company has very little liablility to you compared with other parties. Normally when a house sells the pay-off demand is obtained and the payment made by an escrow company. So you don't have any privacy right in that information. It is freely available. The mortgage company doesn't care who pays them off, and has no duty to inquire into who they are or why they are paying it off. It is completely routine for someone other than the borrower to do the pay-off. You don't mention any other information that the mortgage company disclosed, so I doubt you have much of a case against them unless they knew about the fraud. Also, if all this happend during the real estate boom, you probably have some very serious statutes of limitations problems with suing anyone. The advice to sit down in person with an experienced attorney and all the facts and documents is good advice. And do not delay, any rights you have not already lost may be lost soon.

You are mixing up two different things. First of all, if someone else paid off my mortgage, I would be very happy. Payment of a mortgage does not transfer title, it's just payment of a debt. Second, you mention someone stealing your house. People don't steal houses. What happens is someone else takes title, by forging your name on a deed from you to them. If this is what happened, you are going to have to prove the forgery. If you have been ousted of possession of the home, the statute of limitations is running right now. You need to speak to a competent real estate attorney.

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