Legal Question in Real Estate Law in California

Re: Real Estate Agent Scam

There are some missing pieces here.

First of all, the foreclosure process takes at least 4 months. There are certified letters that need to be sent and a notice of trustee's sale posted on the property during the three weeks prior to sale. If the sale was made through a trustee's sale, there must have been notice to those living in the house.

If you think that the agent manufactured a sale, then he would have either had to have committed a fraud or obtained a power of attorney from the homeowner.

If the agent is working for another broker, then contact the broker to complain that the agent is not returning calls. If the agent is a broker, and working for himself, then you can start by filing a complaint with the Department of Real Estate. You can also go to their website, http://www.dre.ca.gov, and there you can check the licensing status of the agent.

You really need the help of an attorney very quickly if you there is any chance of saving the house.

Re: Real Estate Agent Scam

Your question doesn't contain enough facts to provide a very useful answer. You may have a police matter (criminal), a valid civil action, or maybe there is a misunderstanding.

A couple of basic background things you should know. People often prevent foreclosure by giving a deed in lieu of foreclosure to the lender. They lose their house, but the process is a bit less painful and they stand a better chance of preserving their credit.

Then, there are investors that make a business of buying the equity interests of home owners who are about to be foreclosed. This practice is highly regulated by law. If you do this, you also lose the house but you get some cash out of it.

Finally, sometimes people facing default will transfer title to a relative or friend to stall the foreclosure process. Some may even think this will prevent foreclosure. Not only does it not prevent foreclosure (unless the buyer pays the lender off), it may be fraudulent if the intent -- or the effect -- was to hinder or delay the crditor's collection or foreclosure effort.

Finally, a real-estate agent should (probably) not have taken an advance fee, and if they did it should probably be refunded, but without knowing exactly what the $800 payment was supposed to be for I can't say what rule was broken (if any) or where to complain.

You should see a lawyer (or legal aid) locally if you can, or get back to me with details and I'll see if I can be of further assistance. What state and county is the property in?