Legal Question in Landlord & Tenant Law in California

Mortgage

I have a property that I have a cousin who is living in it and has paid the mortgage and taxes for 3 years now. I have recently learned he has used my credit to open up a credit card and take out a second mortgage on the property without my knowlege. I am suspecting he used my information from doing refinance of my current property some years ago. I know I will have to make a police report to stop any legal action from the debt collectors but I am not sure if I can pay the mortages on two properties. Should I find someone to do a quick sell?


Asked on 6/23/08, 11:55 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Mortgage

What a mess!

You are correct about a police report in that your cousin has committed fraud, grand larceny, and possibly forgery, and possibly identity theft.

I would confront him ASAP, and find out if he has anyone else to steal from to pay you back. Also, you'll need to let the credit reporting bureaus about the theft.

You might possibly have your named removed from the credit agencies, so I would hold off on a sale until you verify that your own credit is being affected.

Also, until you straighten out the identity theft situation, a quick sale may not be profitable at all.

Please feel free to e-mail, or call, if you need more. Good luck!

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Answered on 6/23/08, 2:44 pm


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