Legal Question in Real Estate Law in California

Real Estate

My friend is blind and a caregiver had him sign a power of attorney and now he is going to lose his house. He had a reverse mortagae and she paid it off and now she is saleing his house. WHAT can he do.


Asked on 6/23/09, 9:45 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Real Estate

Your friend needs to consult with an attorney, IMMEDIATELY, and lay out the details. The attorney might be able to obtain a court injunction barring the sale of the house, and record a "lis pendens" which should block the sale, as well.

He might strongly think about formally revoking the power of attorney. There are some facts missing, such as whether your friend is still on title and she's acting as his attorney-in-fact when selling the property, or whether she somehow converted title into her name. Those are many things an attorney must consider.

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Answered on 6/23/09, 11:30 pm
Terry A. Nelson Nelson & Lawless

Re: Real Estate

If the caregiver has done something wrong and fraudulent, it can be 'unwound' if action is taken quickly enough. He can start by immediately getting an attorney to file suit and appropriate motions to stop the sale. There may also be grounds to file a criminal charge against her. Don't delay. If he is serious about doing so, feel free to contact me.

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Answered on 6/24/09, 12:37 pm


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