Legal Question in Real Estate Law in California

Re: Mother-in-law

You should contact an attorney immediately. This is a serious matter for which there is no easy solution.

Re: Mother-in-law

Civil Code section 1575 defines 'undue influence' and section 1567 states that apparent consent is not free when obtained by duress, menace, fraud, undue influence or mistake.

Under certain circumstances, a conveyance of real property can be set aside by showing lack of free consent resulting from undue influence.

A quick review of the cases on this subject suggests that winning an action to void the deed to the son would require evidence showing (a) a close and trusting relationship; (b) terms of the deal were unfair, e.g., much less than fair market value paid, or a gift under circumstances suggesting no gift was really intended; (c) weak body or mind of the grantor; (d) reliance upon promises by the grantee, or even assumptions that the grantee would do something like pay bills, give care, etc. - Not all of the above conditions are necessary, but the more that are present, and the greater the degree to which they are present, the more likely a court will find that the deed can and should be voided.

If the facts given really check out, and there are no defenses the brother-in-law can raise that aren't apparent from the facts given, I'd say the mother has a better than 50% chance of getting her house back.

One of the problems is that the lenders may still be entitled to enforce their liens. This is not 100% for sure, but if the lenders are innocent bystanders and did their homework but still didn't suspect foul play, their liens may be valid, and it would be necessary to pay them off; even though brother-in-law would be liable, he may not have the deep pockets needed to pay a big money judgment.

I would be willing to discuss this case further; I'm not far away and I do have a couple other cases in Alameda and Santa Clara Counties. Please e-mail me if you wish.

Re: Mother-in-law

There a multitude of laws which MAY be applicable, but they depend upon the factual context. At a bare minimum mom and dad have an action against their son, but that won't help them much if they lose the house before they can get a recovery from him. I don't know where this is taking place, but you or someone OTHER THAN this charlaton of a son should drive the mother-in-law to an attorney who specializes in real estate fraud, etc. and/or elder abuse immediately, and take all documentation that can be gathered up. Be aware, however, if the mother-in-law WILLINGLY went forward with the loan (s), and then the problems arose because she thereafter willingly gave control of her funds to the son, there may be a problem; if the lender is not at fault here, (i.e., accepted a forged signature on the deed of trust, etc.) and the only bad guy is the son, it is uncertain if a foreclosure of the house can be restrained. Lastly, each county has an elder abuse division, either with the district attorney or the sheriff, or even the police department where they reside. This unit can be contacted for advice, for legal referrals and will even go to the residence to ensure the physical safety of elders. Good luck!