illegal quit claim and power of attorney questions

Welcome Switch.

I think you should consult an attorney of you want to get the back the house from your brother. The fact that you have the audio tape will hopefully help you in proving that your brother is guilty. Inform the attorney about it.

Since your daughter has the financial power of attorney, I think your mother should have informed her prior to signing the legal document. She should have told her that your bother is forcing her to sign the deed.

Thanks.

Switch,

The power of attorney gives an individual the right to take financial and legal decisions in the absence of another individual. As such, your mother has the right to sign legal papers without taking the permission of your daughter (having power of attorney).

It is completely up to her if she at all wants to inform your daughter about the signing of the legal papers.

"I have an audio tape with him harassing her and threatening her to get her to sign the house over to him."
You have very strong proof in the form of audio tape which will help to prove that your mother signed the deed under duress.

You need to contact an attorney and tell all the details and also give him a copy of the recording. At the time court procedure starts the tape might have to be given to court for verification of its authenticity.

Miller

can power of attorney be signed without direct knowledge of the individual that is signing the form. also, is the fee $500

tia, there's no set fee for the preparation of a power of attorney form. each individual lawyer in each municipality in each state would have a different fee, perhaps. what's reasonable is what the marketplace will accept.

as for the other question: huh? the only way a person signing something couldn't know he or she was signing something is if that person is incapable of understanding, blindfolded and misled, blind and misled or some permutation of these methods. truly, that part of your question makes no sense.

can you provide a little more information about this power of attorney and what you're driving at?

Many lots in our small lake community in E. Texas was taken by former deceased developer daughter. These lots were put in their names VIA Quit Claim, she somehow went to the appraisal dist and had them put in her mothers corp account. These lots were all paid for, some purchased from the HOA, that was given back for non dues. The developers had already been paid for them. This was all done without notices, after the owners paid taxes for years...This is a poor community and most cannot afford an attorney,. What can they do?

Hi Betsy!

Welcome to forums!

If the quitclaim deed mentions the name of the daughter or her mother, then they will be considered as the owner of the property. You won't be able to do anything in this regard. If you want to file a lawsuit and fight a case against her, then you and other property owners will have to somehow manage a lawyer for yourselves.

Feel free to ask if you've further queries.

Sussane

i dont think i made myself clear. the residents purchased from the hoa . the residents paid taxes and dues on them for 10-20 yrs. then the original developers daughter discovered they had purchased them via quit claim deed, she then went to the appraisal dist/tax office and had them transferred to her mothers corp. without any notices.

Welcome betsy,

Unless the owners of the property sign a quitclaim deed and transfer the properties to her mother, the original developer's daughter cannot transfer it to her mother's name. So, it will be better if the owners file a lawsuit against her and sort out the matter.