Posted on: 29th Oct, 2010 05:03 pm
My brother lied to my mom about having her sign a power of attorney, and she signed the first house to him. Six months later she signed another power of attorney, it was the second house. Now 4 years later my sister and I found out that both houses are in his name and refuse to answer questions. A huge dispite arose and my brother told my mother to get out of his house. She now lives with me and wondering what is going to be of her. She claims that my brother lied to her when she was faithfully trusting him
Hi lucy,
Welcome to mortgage fit,
It is very sad to hear about your mom's & yours condition in this whole fiasco.Reversal of power of attorney is really possible and can be accomplished at any time, only condition is that person should state/prove that s/he is in good state of mind while accomplishing the changes.
You need to get help from a lawyer in order to proceed with reversal of power of attorney....
You may have to fight a legal battle in order to get back all those properties which were transferred by your brother with unethical practices.
Feel free to ask any further query if you have.........
DIPA
Welcome to mortgage fit,
It is very sad to hear about your mom's & yours condition in this whole fiasco.Reversal of power of attorney is really possible and can be accomplished at any time, only condition is that person should state/prove that s/he is in good state of mind while accomplishing the changes.
You need to get help from a lawyer in order to proceed with reversal of power of attorney....
You may have to fight a legal battle in order to get back all those properties which were transferred by your brother with unethical practices.
Feel free to ask any further query if you have.........
DIPA
It is not about the power of attorney that I need advise for. My brother lied to my mother making her thing that it was a power of attorney the document that she was signing. Well, it was not a power of attorney what she signed it was the deed to the first and second house.
Hi Lucy,
It is really very difficult to prove in court that your mom signed the deed under any threat/fear/pressure from your brother.If you can prove it so in the court property can be transferred to your mom again with court order.
But you need to find a good lawyer to further strengthen your position.Evidences are most important thing in this whole process.try to collect as much as possible.There could be few witnesses for the first and second home transfer papers.Get in touch with them and see if they were really present when the deed was accomplished...Most witnesses sign the deed even if they were not present at the moment.If you can find these small bugs in the whole deed surely you can bring a court verdict to cancel the deed itself and award the property to the original owner.
Feel free to ask any further query if you have........
DIPA
It is really very difficult to prove in court that your mom signed the deed under any threat/fear/pressure from your brother.If you can prove it so in the court property can be transferred to your mom again with court order.
But you need to find a good lawyer to further strengthen your position.Evidences are most important thing in this whole process.try to collect as much as possible.There could be few witnesses for the first and second home transfer papers.Get in touch with them and see if they were really present when the deed was accomplished...Most witnesses sign the deed even if they were not present at the moment.If you can find these small bugs in the whole deed surely you can bring a court verdict to cancel the deed itself and award the property to the original owner.
Feel free to ask any further query if you have........
DIPA
Do I need an attorney to file a recission, or can anyone do it.
Hi Lucy,
You can contact a real estate attorney and he will help you in drafting the required deed.
Thanks
You can contact a real estate attorney and he will help you in drafting the required deed.
Thanks