Legal Question in Real Estate Law in California
Fraud
I have a half brother on the 1st marriage of my dad who is a broker. After the divorce from their mom, our dad met our mom and she left a will for me and my brother. I asked helped from him about financing our house, he helped me with citimortgage the thing is he add his name on the title beyond our knowledge, and I was the only borrower on the mortgage. I discover this fraud after 1 year, i trusted my half brother that's why i didn't have any doubts.
Is there a way that he should quit claim on the title, is the fraud he did a grounds for suspension of his license as a broker?
2 Answers from Attorneys
Re: Fraud
To remove your half-brother's name from title, unless he will agree to sign a quitclaim deed, you will need to sue him. A strong letter from an attorney may be enough to get him to agree to sign a deed to remove his name from title.
If you want to report him to the California Department of Real Estate ("DRE"), you can find out what the DRE can and cannot do, and download the forms you will need to file a complaint from http://www.dre.cahwnet.gov/complnts.htm.
Remember, however, this is your half-brother, and trying to resolve this matter without resorting to lawyers and the DRE, you will undoubtedly be much better off.
Re: Fraud
You should sue to "quiet title" if you receive no cooperation. In addition, a real estate broker could have his license suspended or revoked if the broker is found to have committed certain acts of dishonestly. Give us a call if you need help. We practice real estate litigation.