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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33929
Experience:  Began practicing law in 1992
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I have a sister living in Bradenton Florida. She has 100%

Customer Question

I have a sister living in Bradenton Florida. She has 100% disability due to brain damage. I have just found out that a family member has had her sign her house over to this person for $26,000. and had her also sign and record a mortgage for the property. I am a real estate appraiser and know that the house is worth nearly 100,000 even in poor condition.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Florida. I believe the law is very stringent but due to the storm I have not been able to alert the state agency which is closed.
JA: Has any paperwork been filed?
Customer: The deed and mortgage were filed in April. I have been checking the public records for the past years since she acquired the house from my late father. I just noticed it this weekend
JA: Anything else you want the lawyer to know before I connect you?
Customer: If the lawyer does not practice in Sarasota County Florida What kind of attorney should I look for.
Submitted: 1 month ago.
Category: Legal
Expert:  Dwayne B. replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 1 month ago.

Please allow me several minutes to read your facts and type my response.

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

Expert:  Dwayne B. replied 1 month ago.

Your question: "If the lawyer does not practice in Sarasota County Florida What kind of attorney should I look for."

Answer:

You would want to look for an attorney that does Civil Litigation. It would be helpful if they or someone in their office does Probate and Guardianships as well.

One issue I see is that at this point you would not have "standing" to bring a case, only your sister would. However, it sounds like you would want to get a guardianship over her and have the judge declare that her "mental incapacity" started at least back at the time she applied for social security. I addition, once you are appointed guardian you could ask the judge in that court to declare that the deed and mortgage she signed at an earlier time be declared void. Not only would a judge in that type of matter be more likely to do that but it would also be less expensive than filing lawsuits in two different courts.

I see very little doubt that the judge is going to agree with you and will almost certainly reverse the deed and mortgage upon request. However, you must have standing to get the matter in front of the judge in the first place.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.