Ifa mortgage is in one person’s name but title is held by another, who owns the house?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Ifa mortgage is in one person’s name but title is held by another, who owns the house?

My sister got our father to quitclaim his house to her after legally, through a POA, she depleted his savings. He is living with us in CA. She cannot qualify for loan. Got him to sign papers while he was in hospital in IL. His name is on loan. Who owns house, her or him?

Asked on December 26, 2010 under Real Estate Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Well, on paper it appears that she owns the home but listen, you need to seek legal help in setting aside the deed and going after her for the misuse of the Power of Attorney.  A Power of Attorney is a fiduciary responsibility of the party holding the attorney in fact to the party for whom the POA is intended.  If she depleted his savings for her own use and not for his benefit then you can go after her for the money.  Additionally, you have to seek help in setting aside the deed to the house that was obviously executed while your Father was in a frail state and using undue influence upon him.  Do this all asap. Good luck to you.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption