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legalgems
legalgems, Arbitrator
Category: Real Estate Law
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My mother has a house that in 1988 she put into her children

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My mother has a house that in 1988 she put into her children (4) of us names. She had a companion that lived with her since I think 1983. He was to pay insurance and taxes and 1/2 utilities as rent. This was done for several years. At some point he had the insurance man put his name on the policy as owner. The insurance man did this. When the house had hail damage he collected 12,000.00. He did replace the roof and replace shed with garage, but made my mom have receipts for everything on how much it was to be exactly. He also left us (children) owners without liability coverage. I had to go to courthouse and prove that the house was in our names, and take it to the insurance company for proof of ownership. I believe this was in 2009. I have been told this was fraud and we should have turned this in leaving us at risk.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  legalgems replied 7 months ago.

I am very sorry to hear this;

yes, if a person insures property that is not theirs, that is insurance fraud. Normally the insurance company is the one that will pursue claims for fraud (ie such as return of money paid). It is also fraud to represent one is the owner of something when they do not in fact own the property.

The true owners are free to obtain their own insurance using the deed as proof of ownership; they can also bring a quiet title action against the person claiming ownership along with a request for an injunction barring this person from making such representations. The court can impose fines, even attorney fees, as a result of violating an injunction. If it is a willful and knowing violation they can also order jail time.

According to CCP 338(d), the time frame for bringing suit for fraud is 3 years from the date the person should have discovered the fraud.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 7 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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