Q: A home I co-owned sold without my permission or signatures. I was never named on the mortgage but always listed as co-owner in the county records. I bought the house with my ex-husband. After our separation, I moved to the Bay Area while he lived in the property. It never occurred to me that the father of our daughter would forge my signature in the sale of our property. During the holidays, a private money lender placed a lien on our property after loaning my ex-husband money. After my ex-husband fell behind on payments, he sold our property below market value to the private money man. Last week, the private money lender then sold the property to my son-in-law. Of course, I hear bits and parts of all this from friends and family in the rural community where the property’s located. How do I learn the correct details of these transactions on my property without causing more friction with my daughter? And what recourse do I have to my share of the sale proceeds?
A: Ask a real estate agent to run a property profile on the house. He or she can provide you with valuable information regarding its history of transactions. Perhaps there were handshake transactions over kitchen tables with sachets of cash. If there are any proceeds left to trace, you’ll need to engage a real estate attorney who will most likely require a retainer. The real estate attorney can seek out who was involved in the sales — and how. Find out to what extent that county’s recorder’s office was involved. Were the traditional title and escrow officers handling the transactions? If so, and escrow and title insurance companies missed the fraudulent activity, they’ll be making you whole with the help of a real estate attorney. Since escrow and title officers don’t make glaring mistakes, such as being party to a sale without an owner’s identification, something else is amiss. Either way, you need at least a consultation with a real estate attorney. Remember, a win for you might place your son-in-law in trouble, and that’s a loss for your daughter.
Questions? Realtor Pat Kapowich is a career-long consumer protection advocate and Certified Real Estate Brokerage Manager. Contact him at 408-245-7700, Pat@SiliconValleyBroker.com DRE# 00979413 SiliconValleyBroker.com YouTube.com/PatKapowich
"sold" - Google News
August 08, 2020 at 10:00PM
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Sponsored: Woman learns home she co-owned was eventually sold to a relative; can she get her sale proceeds without intensifying family friction? - The Mercury News
"sold" - Google News
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