Legal Question in Real Estate Law in California

In 1985 my family purchase a house. In 2011 we discovered that someone fraudelantly deed the property and used my silbling name while they were out of country. I just discovered the fraud in 2017. Can my family go to court and claim the property back?

Asked on 11/11/17, 10:11 am

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

If you can really prove that you did not discover the fraud until this year, and had no reasonable way of knowing about it until now, you probably are not time-barred from filing a case to clear title.

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Answered on 11/11/17, 10:37 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You can always go to court and make your claim; however, the defendant probably has a solid defense if you knew or should have known of the fraud years earlier. If you discovered or should have discovered the fraud in 2011, the defendant will probably prevail. If the fraud occurred in 2011 but you discovered it in 2017, you have a good case if you can show that you were not negligent in failing to discover the fraud earlier.

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Answered on 11/11/17, 12:39 pm

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