Legal Question in Real Estate Law in California

Re: is it fraud?

What kind of documents are you trying to get? The only problem is that real estate deals fall under the "statute of frauds" and they MUST be in writing. The only leg, if I understand the situation correctly, is that you might have a cause of action for "unjust enrichment."

If you want to pursue this further and give me more details, email me.

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Re: is it fraud?

I thoroughly agree with Ms. Sidoti's advice.

You are almost certainly entitled to the paperwork, because of the statute of frauds.

You might want to consider retaining an attorney, merely to write a demand letter, insisting on adequate paper work.

E-mail, or call, my office if you need more.

Re: is it fraud?

If the deal involved an attempt to transfer an interest in real property, or to mortgage it, such agreements must be in writing in order to be enforced, with limited exceptions which are difficult to apply and enforce.

A starting point to look for copies of finance documents, deeds and the like is the county recorder's office. You can search for and get copies of documents which have been recorded, and generally or normally documents evidencing a lien on, or sale of an interest in, real property will be recorded by the person whom they benefit.

You didn't say why you are making payments. Did you buy some real property? Did you take out a loan? In either case, you are entitled to various documents, including disclosures and copies of any instruments you signed. If on the other hand you were told you were buying something, or taking out a loan, and the whole deal was oral rather than written, there's a very high probability the deal is invalid and void or voidable at your option. I could go further and say fraud may have been committed, but there aren;t enough facts given to make that conclusion with any certainty.

Persons with real estate licenses have obligations of honesty, good faith and fair dealing to the people they deal with, and face discipline or loss of license if they abuse those obligations. If the facts warrant, you could make a complaint to the Department of Real Estate at www.dre.ca.gov.