Edison, NJ asked in Real Estate Law for New York

Q: Can property title transfer be revoked?

My brother transferred the title of my mom's coop to his name when she thought she just add him to the title. She is elderly and does not speak English. She did not have a lawyer to represent herself only my brother had, This happened 2019 and he rented an apartment now and while she was temporarily living with me. Could it be revoked?

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • New York, NY
  • Licensed in New York

A: Maybe. If your mother was “tricked” she may have a case to rescind the deed based upon fraud. This can be considered a form of elder abuse.

These type of cases are generally well beyond what an unrepresented litigant can successfully litigate on his or her own, so she should certainly be represented.

In addition, there is a time limit or statute of limitations that restricts how long she has to commence a case. Basically if you sit on your rights to commence a case you lose your rights.

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