Legal Question in Real Estate Law in California
Real Estate
I am a victim of fraud. I am currently in litigation for a matter in which an escrow company that handled my last refinance paid out the cashout twice. The other payout was to my mother who previously owned the house. Now the escrow company has submitted a deed of trust for that amount that I never signed. My current lawyer is not making me feel he believes my story. I know I did not sign the deed and had no knowledge of the first payout to my mother. I am also very confused why the company would pay the amount out twice without checking.
3 Answers from Attorneys
Re: Real Estate
Like your attorney, I don't buy it either. Whether you "signed" the deed or not, the escrow company paid out money it should not have had to do, and whether they "checked" or not does not make much difference. You and/or your mother got money you should not have received and one of you needs to pay it back.
Re: Real Estate
Who did sign the deed of trust? Who was the notary? Is it recorded? What are the dates of signing and recording compared with the genuine deed of trust? Has your lawyer demanded the full files through discovery or subpoena? Has he or she even filed a suit yet? Has a Lis Pendens been prepared and recorded?
There are a great many factual questions a lawyer should ask and a fair amount of factual probing that ought to be done before and after suit is filed. If your lawyer has done this and is still dubious about your chances, you should demand an explanation in clear terms as to why your case is weak.
If you still disagree, you can get a second opinion locally. You can change lawyers at any time.
As to the double pay-out: Is your name confusingly similar to your mother's? Did the lender actually put up double the funds? What is the lender's position? Is the lender affiliated with the escrow company? Was the property appraised? Have the documents been checked for alterations or other tampering? Are you on speaking terms with your mother? What's her story? Did she go off title for the first time with this refinancing, or has she been off for some time previous? What is shown on your preliminary title report? Did you get a pre-closing good-faith estimate and a post-closing statement?
Re: Real Estate
I agree with Mr. Whipple, and Ms. Deming---and your attorney.
Frankly, your statement of facts doesn't sound legitimate.
My guess is that if there is fraud, either you or your mother, or both, is involved.
If you are really being honest (and you should know), you can always hire and/or fire an attorney.
If so, get a new lawyer.
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