Legal Question in Real Estate Law in California

Re: Illegal Sale Of Property

This is an incredible set of facts, one that makes you wonder what the rest of the story is, and if that's all there is to it, and it's all true as set out, how anyone can be so stupid. The woman will lose her license, you will get your property back, and she and the "investor" may go to jail.

In fact, what she is done is so incredibly stupid I'm almost sure this isn't the whole story!

Basically, you get a lawyer, if you don't already have one for your divorce, and allow the lawyer to go over all the documents you have and that are available from the county recorder. Your lawyer will then proceed at once to sue both of them to quiet title and/or cancel instruments, and for conversion of the checks and fraud. Other causes of action may also be appropriate, such as (depending on the stage of your dissolution proceedings when this happened) breach of fiduciary duty.

Your lawyer should also talk with the police and the D.A., and probably will prepare and file a complaint with the Department of Real Estate.

Re: Illegal Sale Of Property

Obviously your wife can be sued for the fradulent conveyance, which should be set aside by court action. You must be mindful of the statute if limitations. The realtor may be a co conspirator or negligent, in either case he and his broker can also be held liable. You need to hire an attorney without delay. Your court action will probably be joined with the divorce matter because of the community property nature of the real estate. As an attorney who practices both criminal and real estate law I would also pursue criminal prosecution. Call me