Legal Question in Real Estate Law in California
my father was diagnosed with alzheimers and my sister, who had power of attorney, was being granted conservator at the same time a broker was talking him into a reverse mortgage on his condo that was almost paid off. The broker had my father come in and remove my sister's name from the deed and put his name back on, then closed escrow, gave my father 40k cash and with junk fees and a huge commission, went off into the sunset. My sister had provided the broker legal documentation and medical documents showing that my dad was incompetent and that on the deed it clearly showed that she was in charge of any legal changes not my dad. Armed wth that information, the broker still proceeded without our knowledge. What is our recourse? ps....my dad had also just given his life savings away to the nigerians via the internet. Can someone please help here as I am ready to go find this broker myself!
2 Answers from Attorneys
The recourse is probably best, and only, to file legal action to set aside the title transfer, and the loan and TD on it, naming as defendants the lender, broker, notary, etc. The money he was scammed out of to Nigeria is GONE. You already know that. If serious about pursing this, feel free to contact me.
The conservator needs to file an action to set aside the transaction, and file suit for financial elder abuse. The elder abuse statutes provide for an award of attorney's fees to the prevailing plaintiff. It shouldn't be too hard for you to find a decent attorney willing to handle the case.
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