Houses were fraudulently transferred by my sister and brother-in-law! Please help!

[mikewcheng]

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

Dear There, Not sure who can help, I am a Chinese American, my mom doesn't really read English. My sister and brother-in-law had my mom signed some documents ended up are the legal paperwork to sell both houses were paid in cash (worth about 1.5 millions in San Jose 11 years ago). When my mom left for our home country for vacation, they sold the house and took the cash then ran away. Finally we found them in different state this year. Can anyone please give us some directions what we can do on this case? we don't have money left to pay the lawyer to sue them.. Any help will be greatly appreciated. (Their house in Washington state now is paid in full by cash..) Micky

 

[OHRoadwarrior]

The statute of limitations for property fraud in CA is 3 years from date of discovery. Action can successfully be brought after that if the person being sued does not raise statute of limitations as a defense.



http://law.onecle.com/california/civil-procedure/338.html

 

[mikewcheng]

Thanks for the reply! Is there anyway we can sue them without a lawyer? Can't afford one right now.

 

[latigo]

The statute of limitations for property fraud (?) in CA is 3 years from date of discovery (?). . . . .

Would you mind explaining your understanding of this novel term, “property fraud”? (It is almost as intriguing as your recent expression, “astronomically small”.)

Since the term “property fraud” is no where to be found in the California Code of Civil Procedure could it have slipped from the minds of the select committee that drafted that voluminous work?

And particularly note worthy here - because your refer to it as authority for your response - is its absence from Cal CCP Section 338 as a cause of action the commencement of which is restricted by a three year period of limitations.

The only reference to real property in that Code Section has to do with "trespass" upon it or "injury" to it. (Subsection (b)

And why are you even suggesting wrong doings on the part of the sister and brother-in-law when the OP states that they secured the mother’s written permission to sell her properties. Is it another a reflection of your “Chicken Little” syndrome or are you privileged to information that has yet to be revealed to the rest of us?

Also, if the sister and brother-in-law defraud the mother, why would it be described as “property fraud” Had they conned her out of her life savings would it be “life savings fraud”? “Jewelry fraud”?

Meaning no disrespect, your efforts in here remind me of a fellow law school student. He dropped out after first semester by mistakenly believing that he could hoodwink his test examiners with a similar use of legalese patchwork. Like yours, they found it nothing more than specious rhetoric.

 

[mikewcheng]

I don't mean to get the post into an argument. Just want some advices since my mom feels hopeless. I did my best to locate them finally, is it really nothing we can do to put them into Justice? We don't care if the money is already gone.. it's been over 10 years.. and I can take care of my mom.. I remembered we found them first time 7 years ago, and my mom insisted on me taking her to knock on their door. They called police on us and told officer they don't know us and we're disturbing the peace.. she is my blood sister and my mom and my grandma brought her up through hardship.. she didn't even attend the funeral when grandma passed away.. It's all just because of money.. I want to what I can this life to put them in front of the court for a trial and face the Justice.. Any advice will be appreciated..

 

[Zigner]

You have not told us how the houses were "fraudulently transferred." Your mother willingly signed paperwork necessary to transfer the property.

Furthermore, after 10 years, she is far too late to do anything.

 

[latigo]

Thanks for the reply! Is there anyway we can sue them without a lawyer? Can't afford one right now.

I suspect that what occurred was that the sister and her husband had the mother grant one or both her power of attorney. And that it was unknowingly misused to dispose of her properties to their financial gain and not hers.

But there are just too many complicated legal and practical issues here that would allow the mother to pursue a civil remedy without hiring an experienced trial attorney.

For one there is the problem of the running of the statute of limitations, which would be 4 years (Cal CCP Section 334).

And although a California court might be able to assume personal jurisdiction over the defendants by virtue of the state’s long arm statute – meaning she wouldn’t need to sue them in Washington.)

Plus the 4-year limitation period might be tolled/suspended by their continued absence from the state.(CCCP 351) Yet 11 years is a long time. Not only for your mother to locate and resurrect documents, witnesses, memories, etc., in order to prove a case against them, but it also unreasonably restricts them from preparing any available defense.

So it would be foolhardy not to anticipate that the defendants would argue that the delay in bringing the action is inexcusable and that it unreasonably prejudices their efforts to defend. Which is called the defense of “laches” - the claimant has waited too long to seek relief.

And my feeling is that the defense of laches would be insurmountable.

But WHY the 11 years?!