Legal Question in Real Estate Law in California

Illegal mortgage on home

My mother-in-law just passed away and we found out that there was a loan against her home. This loan was not taken out by her. We know for a FACT that my sister-in-law and an acquaintance illeagally falsified information and took a loan out against said property.

We are in the process of acquiring the documents from the loan company so that we can prove that this took place. The loan company has no idea at this point that this is an illegal loan.

My husband and I live 600 miles away and need to find an attorney in the Norwalk, CA area that is interested in helping us in this situation.

There is a lot more to the situation than I have listed. It is a open and closed case as far as the illegal loan is concerned, however we want to know what our legal rights are. We are not even sure of what type of attorney to obtain. Any help in this matter is greatly appreciated.


Asked on 1/12/01, 10:49 pm

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Illegal mortgage on home

I might be able to add a thought or two to those already expressed.

First, it sounds as though one or more serious crimes can be found in the facts; therefore I suggest contacting the white collar crimes units of the police/sheriff agency with jurisdiction and the district attorney. Keep in mind that victims of crime are entitled to restitution under various laws and programs, and sometimes this is effective even when the civil case does not succeed.

Second, you definitely need to file a civil action without delay. The action should be brought in the county where the property is located and you need an attorney who is located in that county and who regularly practices before the judges of that county. This is more efficient that hiring an out-of-towner and will save legal fees.

You need someone with mortgage (deed of trust) and general real-estate and fraud experience. You should ask that attorney to consider filing a "lis pendens" against the property as a protective measure pending the outcome of litigation. I would act fast; bad things can happen while you wait.

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Answered on 1/29/01, 4:55 pm
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Illegal mortgage on home

How big was the loan? When was it done? What is the value of the property?

Michael Cortson

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Answered on 1/28/01, 9:43 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Illegal mortgage on home

This matter may be classified as fraud. While I am in San Diego, I have cases scattered throughout California. Contact me at (619) 222-3504.

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Answered on 1/29/01, 1:28 pm


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