Real Estate Scams are a legal issue that no one wants to deal with. Theses scams can lead to individuals having their houses stolen right from under them. Other issues that can arise are bankruptcy, damaged credit ratings and credit reports. Here at Daiello Law we can help you avoid situations like this or even help resolve ongoing legal issues. In this blog post we will talk about how justice was served for a family after their house was stolen from them by a real estate developer.
Our firm obtained a judgment against a real estate developer who stole a house from the family of a deceased elderly man. Residents of South Philly know that the real estate market continues to run hot and that even abandoned homes are no exception. Unfortunately, a greedy real estate developer discovered a property that was abandoned when an elderly resident passed away. The house was supposed to be the inheritance of the elderly man’s heirs.
The heirs were horrified to discover that the local developer filed a fraudulent deed which purported to transfer the property from the elderly man to the developer. There was just one problem. The elderly man had already passed away at the time the fraudulent deed was allegedly signed.
After recording the fraudulent deed, the developer brazenly drove its construction vehicles to the home and began making renovations. Their goal was to rehab the house quickly and sell to an unsuspecting buyer.
The heirs to the deceased man’s estate hired our firm to sue the developer for damages and to restore their title to the property. The lawsuit filed on behalf of the estate is called a Quiet Title action. A Quiet Title action is a lawsuit filed on behalf of one party claiming a right or interest in a property. The complaint alleged that the developer committed fraud in filing the deed and that the property was the lawful property of the estate.
A Philadelphia judge ruled that the developer had committed clear fraud and restored title to the property. The judge’s final order barred the developer from asserting any right, lien, title or interest in the home and declared that the estate owns absolutely and is entitled to the quiet enjoyment and peaceful possession of the subject property to the exclusion of the defendant developer. The Commissioner of the Department of Records was also ordered to execute a new deed on behalf of the fraudulent real estate company transferring the property back to the estate.
Our clients headaches and worries were quickly resolved by hiring our firm. After the order was entered by the judge, our office recorded the new deed transferring the property back to the estate. The family was soon able to sell the property for a hefty sum and enjoy their inheritance.
This is an example of how real estate developers can take advantage of a situation. Most homeowners are unaware that there are many types of real estate scams out there. You should always consult with an attorney before signing any documents that look suspicious or you don’t understand.
We know that dealing with a legal issue can add a lot of stress to your life. That’s why we are here to help guide you through this difficult time and help resolve this matter so you can move on with your life. Our office will guide you through the legal hurdles arising from the death of a loved one including real estate problems and estate administration issues.
Michael Daiello’s unique combination of sound legal counsel combined with trial experience can help you anticipate potential issues before they arise. The cases he deals with include personal injury, estate planning and probate, and real estate.