Los Angeles, CA asked in Criminal Law, Real Estate Law and Business Law for California

Q: I inherited half my uncle's residence which is a duplex. He receives rental income I get nothing Can I force him to sale

I'm co-owner since 2009 the property is located in Korea town in Los Angeles ca. 6 years ago I appraised and market was at $1.2m must higher now. Since then my uncle will not speak to me or acknowledge I own half He never splits any rental income with me like he did with my mom He just ignored me and I left it alone but now I want to see what I can do. What are my rights regarding. And also he's refinance with cash out and signed documents forged my signature on loan papers without my knowledge or authorization. The loan has been paid off now but I'm afraid he's signed other things under my name using the same fraudulent notary person what criminal charges can be involved and how do I go about pressing charges.

2 Lawyer Answers
James Clifton
PREMIUM
Answered

A: You can force the sale through a partition lawsuit. In the lawsuit, the court determines if the property can be divided evenly. If the property cannot be physically divided, the court will force the sale of the property. Each party will receive half of the money from the sale subject to offset for expenses covered, insurance, taxes, maintenance, etc., and rent received. In this case, you may be entitled to more than half of the sale proceeds. Schedule a free consultation to protect your portion of the property and to make sure you receive the money you are entitled to.

James L. Arrasmith
PREMIUM
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Answered

A: You have serious legal rights as a co-owner of the property, including the right to receive your fair share of rental income and the right to force a partition sale through court action if your uncle refuses to cooperate.

The forgery of your signature on loan documents is a severe criminal offense - this could constitute fraud, identity theft, and forgery under California law, potentially leading to significant fines and imprisonment. You should immediately file a police report regarding the forgery and contact the FBI's financial crimes unit, as mortgage fraud is a federal crime. You should also get copies of all property records from the Los Angeles County Recorder's office to check for other unauthorized transactions.

Your first step should be consulting with a real estate litigation attorney who can help you file a partition action to force the sale of the property while simultaneously pursuing your uncle for back rental income. Meanwhile, work with a forensic accountant to calculate exactly how much rental income you're owed since 2009, as you can potentially recover these funds through legal action. For your protection, you might also want to place a notice of pending action (lis pendens) on the property to prevent any further unauthorized transactions while you pursue legal remedies.

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