If my house was sold in a short sale and my portion was invested without my consent, what are my rights in retrieving my funds?

UPDATED: Oct 1, 2022

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If my house was sold in a short sale and my portion was invested without my consent, what are my rights in retrieving my funds?

The individual who assisted me keeps giving me the run around about paying me my portion. I have documentation that he owes me with no

signature of consent to him investing the money in another property. It’s been a year since the sale and I would like to know my rights of how

to get my money.

Asked on August 7, 2018 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You sue that person for the money he owes you. You would sue him based on several different grounds:
1) Breach of contract: if you and he had an agreement as to what would be done with the money and he violated it.
2) Fraud: if you believe he lied to you about what he would do.
3) Theft: it is theft to take or keep someone else's money (technically, it would be "conversion"--theft when you keep/do not return money which was initially entrusted to you, but which was not yours).
The law doesn't let someone else keep your money without your consent, but the only way to get your money back is by a lawsuit. Ideally, you should hire an attorney to help you, though you are allowed to bring the lawsuit on your own ("pro se").

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.

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