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Old 01-30-2005, 02:58 PM
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Join Date: Jan 2005
Posts: 4

loan sharking


ca.

I listed my home with a realtor who gave me a personal loan in the amount of $10,000 with a $3,000 due and payable in 90 days as the same length as the listing. It was secured by a deed of trust and assignment of rents. The home was listed 3/7 with expiration date of 90 days - June 7th. Total amount of the loan was due and payable at the time unless home was in escrow or sold. Home had no perspective buyers and homes were at the best market that Ca had seen in 30 years. I went to another realtor and found out that my home had not been listed in the MLS. I confronted him and he said he must of made a mistake in listing it forgot. May 14 he finally listed it in the MLS extending the term of the loan and adjusting the figures, the market had dropped considerably. June 13 he had an offer submitted to him by a qualified buyer which I was never informed of. The house was sold and I had no communication with realtor. A deposit was taken by my realtor without me knowing. The close of escrow was suppose to be July 16th after speaking to the buyers realtor I was informed that there had never been an escrow opened until July 23rd, nor was the deposit picked up. As a result of this the gentleman was forced to buy another home with me loosing this sale. I confronted my realtor and he stated that he owned my home as I had forfeited my loan, so I fired him. After confronting him regarding the loan and sale of home in July he disappeared. July 25th he appeared with forged loan documents notary on the note that had escalated $19,900. with nothing itemized. At that time he told me it was for him managing the loan and unforeseen expenses for the loan. Finally I received an itemized legible list of bogas draws and checks that had been written to me and to pay association dues and a bank default on the property. He also had a copy of my forged signature that had been notarized. The notarizing was total illegal as i was not present at the time of signing nor was it my signature. After checking further he had activated a trust deed on March 22nd which clouded the title of my home for future sales in the amount of $19,900. The home was re listed through another broker who had to pay off the $19,900 demand to clear the title, trust deed has never been taken off my home as of record. As of January 30th he is still on the trust deed on the property. It was totally misrepresentation and loan sharking I feel the man was going to take my property if I had not caught him, what recourse do I have. I want to take civil action. Due his misrepresentation and loan sharking and failure to list property on date of signing in March I have lost $45,000 due to drop in market price of homes in the area, additional payments and emotional stress. I am disabled and on a fixed income though disability and feel that he took advantage of me as a senior citizen. What recourse do I have civil and criminal for forgery and such on him and his notary friend. I have all paperwork to validate what has happened here.
  #2  
Old 01-30-2005, 03:22 PM
seniorjudge
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You need to hire a very good real estate attorney. If all the statements you made here are true, you will not have any problem hiring a lawyer.
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