Legal Question in Real Estate Law in California

Re: power of attorney & real estate forclosure

This is probably a breach of fiduciary duty, and possibly breach of contract and fraud. Just how far one can go with bringing causes of action to get appropriate redress will depend to some extent on the prior relationship you had with this individual, whether your understanding with him was written or entirely oral, whether you provided funds for payments and other reasons for the foreclosure, and other facts, but unless there are major mitigating factors you've failed to mention, one way or another you can put together a strong case to have the deal undone and remove the attorney-in-fact from possession and record title.

I recommend that you move quickly, because if the house is sold or encumbranced to an innocent third party, your rights will be greatly diminished.

What you should do is place the entire matter in the hands of an attorney with experience in real property title disputes, work with the attorney to develop all the facts and determine what causes of action can be pled and proven; then file suit against the attorney-in-fact and have the attorney-at-law file and record a lis pendens against the property.

Re: power of attorney & real estate forclosure

Sounds like potential fiduciary duty violation and fraud.

Re: power of attorney & real estate forclosure

If the person acted in bad faith or with gross negligence, you would have a claim for breach of fiduciary duty and perhaps fraud. From your facts, the person is angling to acquire the property. That's likely self dealing, and a foundation for a very good lawsuit.

We practice real estate law out of Newport Beach. Let us know if you would like our help.

Re: power of attorney & real estate forclosure

Of course you have immediate legal action available to you for several causes of action, breach of fidicuary duty, ect. You should have your house back into your name. Contact me directly.