Property Mgr Fraud

[soggysailor]

What is the name of your state (only U.S. law)? California

My mother in law has homes managed by a property manager. Last year for some reason he stopped making payments. Properties were all rented, except 1 for 3 months and all run a healthy cash flow. Mortgages are about half of collected rent. Mortgages, HOA fees, taxes and pretty much any payment needed wasn't made. Homes went into foreclosure because of him. I come into this disaster late, but was able with considerable cash to get home loans reinstated. That issue is under control. Now I need to settle up with property manager.
I'm planning to file a complaint with Orange County DA for criminal fraud, embezzlement. But to recoup monies I'm thinking I need to go civil also. Here is where I need help. I figure he's into us for about $30,000 . What should be my route of legal recourse?

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

My mother in law has homes managed by a property manager. Last year for some reason he stopped making payments. Properties were all rented, except 1 for 3 months and all run a healthy cash flow. Mortgages are about half of collected rent. Mortgages, HOA fees, taxes and pretty much any payment needed wasn't made. Homes went into foreclosure because of him. I come into this disaster late, but was able with considerable cash to get home loans reinstated. That issue is under control. Now I need to settle up with property manager.
I'm planning to file a complaint with Orange County DA for criminal fraud, embezzlement. But to recoup monies I'm thinking I need to go civil also. Here is where I need help. I figure he's into us for about $30,000 . What should be my route of legal recourse?

File with OC DA's office, and have them help you gather evidence based on what you know. A criminal charge/indictment will go a long way towards a successful civil lawsuit against the guy. Plus, then you will have an idea of exactly what evidence exists, and whether or not it is sufficient to sustain EITHER a criminal or civil charge.

 

[FarmerJ]

With the amount that high its sure worth speaking to a atty as well as filiing complaints thru the authorities.

 

[soggysailor]

I should also add that we haven't been able to get him to provide monthly statements from 2011. We speak with him but there is always some "the dog ate my homework" excuse. I'm guessing he doesn't want to provide records as it will confirm the amount he owes my mother in law. I'm thinking the DA will light a fire under him?

 

[tranquility]

The OP didn't lose anything to the property manager, he does not have a cause of action against him.

He needs to get the money from mother-in-law. She can sue for the damages she suffered.

 

[HomeGuru]

I should also add that we haven't been able to get him to provide monthly statements from 2011. We speak with him but there is always some "the dog ate my homework" excuse. I'm guessing he doesn't want to provide records as it will confirm the amount he owes my mother in law. I'm thinking the DA will light a fire under him?

**A: if you represent your mil, then have her file 2 complaints; one with the Board of Realtors office and one with the state real estate licensing office.

 

[soggysailor]

He needs to get the money from mother-in-law. She can sue for the damages she suffered.

????
You mean get the money FOR her? I realize she is the one who has been wronged by P/M. I'm just a family member try to help guide her through this.

 

[LdiJ]

The OP didn't lose anything to the property manager, he does not have a cause of action against him.

He needs to get the money from mother-in-law. She can sue for the damages she suffered.

Tranq, I am a little confused by this. Obviously the OP is not the damaged party, but I am not sure what you are trying to convey here?