William B. Esq. : Dear Customer, thank you for choosing Just Answer. I would like to assist you with your legal question today.
William B. Esq. : Unfortunately, I do not see any legal recourse in your particular situation. A transfer of property by written deed is binding absent a fraudulent statement or other inducement. In your case the inducement to transfer the property based on your brother's desire to make your step-father feel "invested" is sufficient to create a viable basis for this transfer, there does not appear on the face of the transaction to be any fraud.
William B. Esq. : This determination as to whether or not there was a fraudulent statement by your brother is of course fact dependent and you will need to evaluate whether your brother told you something that was false, intending you to rely on it, and you did rely on it. Given the fact that this was a written document that you signed, the Court will deem you to have read and understood it even though you did not, this will make your case more difficult.
William B. Esq. : As I do not have all of the facts in front of me, and a claim for fraud in these cases is based entirely on the facts, you may want to consult an attorney to see if your facts are sufficiently different to create a claim in this matter.
William B. Esq. : I do wish that I had information that was more supportive of your position, and I am sorry to hear that you were manipulated. I wish you the best of luck with this matter. If you have any questions, please do not hesitate to let me know. Best regards, Bill.
JACUSTOMER-58yh2ooh- : So William,...my having been diagnosed as Bipolar has no bearing on this question?
William B. Esq. : Unfortunately no, the fact that you are bipolar will not affect this question under the circumstances you identified. The only way it might would be if you could classify it as a mental impairment such that you could not comprehend what you were doing at the time you did it, and that your brother knew this at the time and had you sign anyway. As you describe it, you knew you were signing over the title, and your brother told you what the intent of the signing was, you may have a claim but it will be a very tenuous one. I would advise seeking advice from a local attorney (at least a consultation) if you intend to file suit as this type of claim can be very costly and your cause of action is difficult.