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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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Is there any laws that protect a brain injured person from

Customer Question

is there any laws that protect a brain injured person from an individual with a dr degree in finance selling a home for market value of 94000.00 he was a very close friend that I trusted 100% 3 yrs into me buying this house for 124000 i learned he threw an extra 30000 to the market value just for his brain injured good friend that didn't get an appraisal for reasons of trust and not knowing any better.My brain injury disabled me for life but dont need any supervision and live alone. but i have learned he has lied and raised the value just for me and is carying the not till feb 2018 when my structured settlement reaches maturity he has committed forgery with 2 documents that i have with signature that i didn't sign one with the price changed that was 94000 with 17000 payoff to 124000 with pay off of 46000 and much more
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

If one party to a contract suffers from a mental impairment, and the other party is aware of that impairment, the contract can be "voidable" - meaning that the impaired party has the right to enforce or void the contract at their option.

If you are under a mental impairment that makes it difficult to process or fully understand the implications of a transaction such as this, and the other party is aware of this impairment, and has taken advantage of you, it may be worth speaking to a local civil litigation attorney at this time.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Customer: replied 1 year ago.
I didn't have any problem until I caught him scamming me for money on when I stared looking for wrong doings and it was loaded with alerted papers and numbers on 2 occasions that I'm aware of he forged my signature I just put up a block wall around the back yard that took all summer and was valued at about 20000.00 when I learned that the market value was 94000.00 and has me paying on a loan that was refinance3d a month before I signed a contract written by him to by for 124000 so now even with the wall added this place is not worth nearly what he is charging me and has me paying his payment to the bank with taxes and insurance i believe his bank loan has a payoff of 17000 with a refinance valued at 94000 being the full value and 76000 being equity he then sent me one with 124000 being the full value 46000 being the balance owed with 76000 being his equity I agreed to buy for 30000 over market value which he sold me the house for what it was worth but threw in a 30000 cash bonus to him and charged to me .I have around 50000 already in this place so to walk away wont happen but i signed a contract for 124000 thinking he wouldnt screw me when efter adding 2000to the equity i still owe more than its worth.and have proof of him knowing and was set to put it on the market for 94000 till I came interested then the price began at 124000 and until just recently i never thought he was targeting an extra 30000 from his good friend that was hit head on in a fuel truck at work in 2005 and went through a total life restructuring from walking talking learning to do everything again and was recovering when I signed the paper in 2011 I dont want to have a 94000 property and pay 124000 for it taking a loss of 30000 I have proof he knew it was worth 94000 and had plans to sell it for that till me.what are the chances of me paying 94000 even though i signed a contract agreeing to 124000 without knowing the market value was 3000 less
Expert:  CalAttorney2 replied 1 year ago.

I would recommend speaking with a local civil litigation attorney. It is likely that you can use the information you have to reach a settlement with this person in a way that you are not being taken advantage of. But I do recommend using an attorney as you do not want to be compromised a second time.

Customer: replied 1 year ago.
what are my chances of paying market value of 94000 which is what it was going to be sold for in the start according to his numbers he wrote on his amortization papers he copied and gave me not realizing i would figure them out showing me what thepay off and principle vrses interest was at all times he basicaly added 30000 to the property market value and a dded 30000 to his equity showing a payofff of 47000 when he had it refinanced a month efore i agreed to buy and i beelieve it was showing a 17000 pat off with a 76000 equity totaling 94000 my new paperwork with my signature forged on it says 124000 sell price 76000 equity and owed 47000 with the words saying equity plus pay off outstanding balance of loan but the actuaL LOAN PAYOFF I BELIEVE AFTER REFINANCING is 17000 not the origional sum on the prior loan of 47000 what are my chances of getting out of the 124000 contract I agreed to in the contract from the beginning not knowing the actual market value was and thought he had my better interest at heart not my money at heart as he did. without loosing what i have already invested which is around 27000 equity and 10000 interest thhat he told me i was paying the bank but instead he is putting in his pocketand the actual loan numbers are from a non existing loan for the payoff and payment amont of principle to interest amount nothing is what he says
Expert:  CalAttorney2 replied 1 year ago.

I cannot predict the outcome of your case. You have a lot of evidentiary issues and I am only looking at the summary as you have typed it here. You need to speak with a local attorney to discuss your matter in full and get a consultation (most civil litigation attorneys will provide you with a free, or reduced cost, consultation to discuss your matter and potential resolutions).

Customer: replied 1 year ago.
thank you for your time and information your time and effort was greatly appreciated. I think i will just start with forgery 2 counts to start that is not arguable that its not my signature on 2 papers thank you and have a nice day
Expert:  CalAttorney2 replied 1 year ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

Thank you again, and again I wish you the best.

Bill

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