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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88663
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I filed based on breach of fiduciary duty and concealment of

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I filed based on breach of fiduciary duty and concealment of breach of fiduciary duty. They concealed the POA becuase they knew I would have never agreed. They created a fidiicary duty through the terms of the POA, (it was a durable POA) and it said it gave her control of our property, we still owned the house as husband and wife at that time. They had a duty to dislcose the POA, and they had a duty to dislcose it's terms related to the home etc. and using the equity to pay his fees. I still owned the house. That is why they lied in court, they knew if the Judge knew, everything I had said was true. My recent complaint is directly against the sister and the attorney. Prior I had filed fraud with ex as the defenant. He didn't commit fraud or breach of duty. They did, so I have filed naming them as the defendants and filed fraud of the court (for the perjury and subornation of perjury, and breach and concealment of breach of fidiciary, deciet and misrepresention. As I said, I can prove they lied now that I have the transcripts and the POA they presented as evididence wasn't even signed, I went to the court house and got a copy of the one presented as evidence in court, and it was not signed, the Judge didn't look at the last page. I never knew a POA existed until the Judge asked her for a copy. and, then it wasn't signed and the dates are wrong. Some of the dates say 2005, and the last page says 2008, she testified it was obtained in 2008. The attorney told the MD Grievance Commission it was obtained in 2005 in a letter in response to a complaint I made against her. I asked her for a copy of the POA when I realized there was one, but she said I had no legal authority to have it. Not until last year when the Judge asked for it, (and as I said) I had to go get copy of the exhibits and it wasn't signed) Why would they lie if no need to? Because they had a duty to disclose it to me when it gave them authority to use my home to their benefit, (the attorney fees for over two years) from the equity. When married, the spouse MUST give permission if the other spouse places any encomburances on the property. I could have never obtained a loan using the home without HIS permission, so how did they do that? through the POA - do you understand what I am saying? So, I could have signed a POA and then let the other person take out loans and not tell my husband? How can that be OK? and how can it be ok for an attorney to knowingly allow a wittness to testifiy to something oposite of what that same attorney told the MD greiveance commission? When I found out that a hearing to dismiss had been set, I actually offered to withdraw my complaint because over the last few months I realized I needed to try to move on. I never got a copy of her motion to dismiss. I contacted her and told her I was going to withdraw, she replied that she was not going to withdraw her motion. So, I have to go to the hearing. I do trurly believe it was a breach of fidiciary duty and intentional concealment. As I said also, I would have never agreed to any of the terms of the property agreement if they had been honest. I was kind of forced into it given I was also trying to protect our children and I do not like all of this conflict, but they seemed to enjoy placing me in serious financial distress. I couldn't make anyone understand that I knew the sister was behind all of the conflict, and also his attorney dislked me so much she forgot who she was actually representing. It was breach of fiduciary duty, I truely believe and that I can prove that they intetnionally hid the POA becuase they knew they were required to disclose it to me based on the terms. thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I have read everything you have posted and if you can prove the sister misused the PoA against your interests, then this is a breach of fiduciary duty for which you can sue. However, I did not see the actual question you had, all I saw was a statement about the facts. Was there a particular question you had for us?
Customer: replied 1 year ago.


I was trying to determine what damages to request, I know I have to specify what the damages were and how much. I have a copy of the check used to pay the attorney fees from the equity in the home, it was 46000. (we had two offers on the home which she ignored because she knew the offers were not enough to cover the mortgages AND her fees) I did not know this at the time. Also the market started to decline during this time and that contributed the house price having to go lower, (I wanted to reduce the price to sell ASAP) they refused to lower the price because they knew of the fees which needed to come from the equity also. All told, it was 20K BEFORE we entered into the property agreement and another 26K after. I would have never agreed to the terms of the property agreement (I was paying all the expenses and agreed to waive use and possession so he could live in the house at my expense until it sold. (this went on two years) all the while she was charging him (through the sister who had POA) her fees and they had no vested interested other than to cause more financial harm to me. I am positive I can prove the breach of fiduciary duty and concealment, I just needed to know what type of damages, was thinking the full amount of her fees because that is what I lost in equity of the home also. (I ended up refinancing it because that was the only way to settle it) I had to pay off my debt which I was required to disclose (attorney fees and I paid off the original HEL in full) I was making payments on all of these loans until the house sold so he could stay in it, all the while not knowing what they were doing. (using the equity through a secured interest and POA obtained prior to our divorce etc. I'm not trying to get the answer I want I know nothing is easy or just because I think it was wrong I will prevail. IF my complaint wasn't plausible, it seems it would have just been denied rather than a hearing to dismiss scheduled. Her motion to dismiss didn't hold water and she didn't deny my complaints or address them. I have to prove damages, I can prove the duty to disclose existed, that she intentionally hid the POA and why, I can prove the other factors, I just need to ask for damages (I can prove them) but the cleanest easiest to me, would be the fees and the amount lost through the contracts she refused to accept because she knew the fees needed to be paid. 46K. which encumbered the home without my approval or knowledge. thanks

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

Your damages would be your "actual damages," which are damages you can prove occurred. In addition to those actual damages, if you prove the fraud as you claim above, you would be entitled to punitive damages in the amount of 2-3 times the actual damages you suffered plus your attorney's fees. The way you word your damages request (prayer for relief) is that you are asking the court to award you all of your actual damages as you will prove in the case plus an amount of punitive damages that the court finds equitable and just as well as your attorney's fees for having to pursue the matter in court. This way you can prove your actual damages in court and then the court can decide how much to award above that based on how serious they find the other party's conduct.




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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88663
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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