Legal Question in Real Estate Law in California
My brother refinanced my parents house and took the money. He's not on the deed. He wrote on a blank piece of paper for them to deposit the money in his bank account and the mortgage company did. Is there any legal action I can take to get the money back for my parents
4 Answers from Attorneys
Did he trick your parents into this? Are they Elderly and he took advantage. Your parents may have a lawsuit for Financial Elder Abuse.
Depending upon the actual facts of the case, there might be a claim against the lender [but there is none if the lender thought your parents were the ones getting the money. Your parents have to be willing to fight this all the way; many parents just back down.You need to get his version of what occurred, cancel any power of attorney he has, and see what medical treatment your parents need.
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Yes. They can file a lawsuit against him, and can try to file criminal charges. This may be elder abuse or simple fraud and theft. They may also have claims against the financial institution. Either way they have remedies. If serious about pursuing this, feel free to contact me.
The circumstances are a bit bizarre. A lawyer taking this on would need to do some investigation before filing suits or police reports. Lenders, especially nowadays, are pretty cautious and would obtain verification that the would-be borrower had an ownership interest, usually requiring 100%.
Did the parents sign the blank piece of paper at any time? Did they sign anything?
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