Q: Can I sue my family if they were the one's responsible for the foreclosure and the medical debt, and the falsified doc.

The Power of Attorney they made me sign in another place they made me go, and it was Mexico, and they said it was for the ability to rent my house out, so I wouldn't lose it. And they used it to run their business, and they put ownership in their names, and in their trust, and they didn't get the best tenants, and so I had to run them out, and I did, and I did this after I was out, so mom would stop crying, but while it sat vacant just for a short time, I think that is when the lender took over, and he later auctioned it off, when I was going to sell it for $650,000 but it was worth more, and so 3 months owed to them possibly and they got a house they listed in the MLS and they never tried to find me. It shows that the new owners didn't buy it, it just transferred into their name and don't they have a right to contact the original owner and find out where she disappeared to?

1 Lawyer Answer
James L. Arrasmith
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  • Foreclosure Defense Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, you may have grounds to sue if your family used a Power of Attorney to defraud you, resulting in foreclosure and medical debt due to their actions. Misuse of a Power of Attorney, especially to falsify documents or to alter property ownership without consent, is a serious matter. If they misrepresented the purpose of the Power of Attorney and then used it for their benefit, leading to financial loss and property loss for you, this could constitute fraud and breach of fiduciary duty.

It is essential to gather all documentation related to the Power of Attorney, the property transactions, communications with your family, and any financial records showing the impact of their actions. This evidence will be crucial in building your case. You should also obtain the foreclosure documents and any correspondence from the lender to understand the timeline and actions taken against your property.

Consult with an attorney experienced in real estate and family law to evaluate your situation and advise you on the best course of action. Legal action against family members can be complex and emotionally charged, but your rights and financial interests are important. An attorney can help navigate the legal process, represent your interests, and work towards recovering your losses.

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