Legal Question in Real Estate Law in California

Ca property

My sister went into a verbal agreement with some buying a property 2yrs ago. The other party will give the credit and then my sister would be responsible to make the mortgage payments. In order to assure that if my sister failed to make any payments party b's would be the only on in title so in case there was any issues she could sell property without getting my sister to agree. Now my sister partner has accused her of identity theft because my sister fell behind payments and property will go into foreclosure so the other party so it won't be liable for the debt and the credit won't be damage. My sister was to give her money to use her credit and once one refinance or bought the property profits would be slipt but my sister credit never improved and she could not refinance any longer. What type of attorney she needs?


Asked on 6/04/07, 2:57 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Ca property

Our Law Firm can legally assist your sister. Have her call or email us directly for a free consultation. Time is of the essence.

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Answered on 6/04/07, 3:08 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Ca property

Was the property actually acquired two years ago? Who made the down payment and paid the closing costs?

Even though the agreement was verbal (lawyers would say "oral"), there may be enough written evidence of it, in the form of escrow instructions, loan applications, the purchase agreement, etc. either to substantiate the oral agreement or constitute an agreement than can be enforced as though written in its entirety. If the agreement is strictly oral, however, there is a two-year statute of limitations for enforcement by suit. The two years begins to run when the agreement is breached.

This situation may involve fraud. If so, the statute of limitations would be three years (to bring a suit to correct the fraud or for money damages).

I do not really understand how identity theft becomes an issue here, although by pure guesswork I can come up with a couple of theories.

The key here is to act before foreclosure, but how to act, what rights your sister may have, whether there is fraud, and all other aspects of this problem will need a lot of clarification before action can be taken or useful advice given.

I'd guess you need a real-estate lawyer with experience in fraud and questioned title matters. I'm pretty close and often handle matters of this type in Contra Costa, Alameda and all other Bay Area counties. Feel free to have your sister contact me with the details and I'll provide a free initial consultation.

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Answered on 6/04/07, 3:47 pm


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