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My mother passed in 2003. My brother bacame administrator. then, in 2008, my brother "gifted" mom's house to himself and
Concord, CA
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Posted about 1 month ago in Probate
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borrowed money against it. Then he filed a "quit claim deed" putting the house (and lien) back in the estate's name. Does the Bank, Title Company, and/or Attorney of Record of the Estate have a duty to make sure the remaining heirs of the Estate are not defrauded? Upon discovering the fraud, the Probate judge suspended my brother as administrator and named me "Special Administrator". My brother has been making the house payments for the last year but now says he will stop making the payments and let the house go into foreclosure so he he will have money for legal fees to defend his actions. Can the Probate Court render this loan null and void because it was illegal? or, must I file an action in civil court against (1) The Bank (2) Title Company (3) Attorney of Record (4) all the above
Answers (1)
Steven Alan Fink
This attorney is licensed in California.
Posted about 1 month ago.
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If your brother had the legal power as administrator to borrow against the property, the liability is his alone. The estate has to make the payments and sue your brother to recover. To the extent he is supposed to receive proceeds from the estate, they can be used to offset the loss he caused. If he had to post an administrator's bond, you can also go after that.
The new owner has to honor your lease as long as you are current and they do not move into the property. If they want to move in, they have to give 90 days notice to you. This is new Federal law, Federal Protecting Tenants at Foreclosure Act of 2009 The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. |
