Legal Question in Real Estate Law in California

Re: Real Estate

Suspecting, and proving are very different animals.

You need to contact local law enforcement regarding fraud. and a real estate attorney regarding the dealings.

You don't say whether you can afford to reinstitute your payments, if and when the property is returned to you.

Re: Real Estate

Certainly you would want to sue this individual, if you can find him and if he has any assets. Whether you have any possible claim to your former real estate would require me, or some other attorney, to closely examine and analyze all the documents and relevant facts. Please feel free to contact me directly.

Re: Real Estate

This appears to be a "home equity sales contract" as meant in Civil Code sections 1695 to 1695.17. The definitions are in 1695.1. Section 1695.14 provides for rescission of such contracts if they don't meet the rather tight provisions of the other sections of this part of the Code.

Your factual description of what happened is a little skimpy; I can't tell for sure whether the person you did this deal with refinanced your loan or took it over (probably the former), whether you are still in possession, or whether you are current on the payments.

It's also not stated whether in addition to the purchase contract you say bears your forged signature, there is also a deed, and if so whether it is legitimately signed, notarized and recorded, or perhaps this is forged as well.

There is a rather complex set of legal rules associated with forged or fraudulent documents and their effect on not only the parties but innocent third parties who later rely upon the fraudulent documents with no clue that they are fraudulent. Some such documents are totally void and cannot pass title to anyone, ever; others are voidable at the election of the defrauded party but in the meantime can be relied upon by third parties without knowledge of the fraud, and are perhaps more dangerous to you.

If the fraud and deception or violation of the Civil Code can be proven to a judge or jury, you will probably be able to regain title and maybe get some damages, but I don't know of any principle that would allow you to take title "free and clear" of some mortgage or other; some lender is going to have a claim against you for what you initially borrowed and haven't repaid. You can't have your cake and eat it too.

If you would like a free further analysis, contact me directly and we'll set up a way for me to look at your documents by FAX or scan into e-mail. You can get a copy of the Civil Code at most libraries, or on line.