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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87488
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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On the OK case you just address, is it appropriate to approach

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On the OK case you just address, is it appropriate to approach the banker, a neighbor and friend, and have him mediate a settlement involving the transfer of land and mineral rights, also illegally obtain, but with less proof as a settlement to not press charges or is this blackmail and should I just go to the DA?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Sorry, I definitely need more background to answer your question here.



Customer: replied 4 years ago.
Loan was taken out on my mother's house in 2001, paid off by 2008. Family member convinced local bank he own the house when in fact sister does with mother having life estate. I have both the deed showing ownership since 1998 and the two other lien documents from the court house. Money was not used to improve property or in any way benefit mother.
Expert:  Ely replied 4 years ago.
How did family member do this w/o name on deed?
Customer: replied 4 years ago.
Banker is local, neighbor and friend of my family member. Somehow he convinced banker that he had possession but house belongs to my sister with mother having life estate. In addition he attempted and almost succeeded in getting all of her mineral rights on yet another property. I recently found evidence that he defrauded me out of 15 acres land and mineral rights 12 years ago. I do not believe the banker is aware of his fraud but I am not sure how relative convinced the bank president it was legit. I have a copy of deed and the frauduous lien. It has been payed off as of 2008
Expert:  Ely replied 4 years ago.
I see now. And the title is still in this illicit person's name, right? Is the banker complicit in the act, or just gullible?
Customer: replied 4 years ago.
No, the title to the house in my sister's name, with mother having life estate. Plus it was a 60k loan on a 35K house. Bank President is gullible, not part of consirpacy. The lien paper filed listing my brother, his wife and their two children and a now ex-spouse.
Expert:  Ely replied 4 years ago.
You need to ask for the president and have a conference and explain the situation. If they refuse to restore title, threaten to sue. Let me explain.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: breach of contract, fraud, negligence, and a few others.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.


I guarantee you that 95% chance it will all be taken then and there.Subsequently or beforehand, file a police report on this family member if you feel it's warranted, since what they did was a crime.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



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Customer: replied 4 years ago.
Thank you but you did not address my original question, can I demand a mediated settlement in lieu of filing charges? please review my original question.
Expert:  Ely replied 4 years ago.
Apologies for not being clear. YES, you do demand a mediated settlement. Most of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. Sorry for not including this part.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87488
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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