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 9 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.  


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