Legal Question in Real Estate Law in California

My mother was given a house from a recent divorce from my father a couple of months ago. Unknowing to her my father has been keeping the money that he obtained from the talents who lived in the house for two years. Thus the debt has risen to about 56,000 dollars. At this point the the house is going in foreclosure. If the Grand deed is transferred to her will she own the 56,000 dollars, and is there a way to stop this or re-modify the house payment?

In addition is there a way to get my father to pay the money back to the bank?


Asked on 1/27/10, 11:08 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I would have your mother contact the attorney who handled her divorce. Maybe there could be some way to have the court modify the divorce decree based on evidence that he embezzled these funds. Why didn't her attorney find out about this sooner?

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Answered on 2/01/10, 11:56 pm

If your mother was represented by counsel in this divorce, it sounds a lot like malpractice. Your mother needs a new attorney (or an attorney if she didn't have one) and to get back into court immediately. Your father has committed a breach of fiduciary duty and fraud on the court. He needs to be hauled back in front of a judge and made to take care of this.

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Answered on 2/02/10, 9:03 am


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