House Sale through Fraud

It is possible for a house owned by one person to sell without his or her permission by another that does not own the property with any legal claim, and this is often considered a crime. In these situations, it is possible, usually through legal support, to reacquire the house when another uses fraud to steal and sell the property.

Fraud and the Sold House

There are times when a person will discover that his or her house is no longer in possession due to instances of fraud. Another person, couple or family may attempt to move in when the current occupant still lives at the property. In certain incidents where fraud happens, the perpetrator may steal personal information either through online access or in person with other scams. These issues may cause the owner to lose access to the property until he or she may resolve the matter. The sold house then is in possession of another until reacquiring it legally.

Stealing the Property

While the fraud of stealing title interest and deed documents is rare, it does occur where a person will lose the ownership because of theft crimes. The person that commits these acts usually must have a significant understanding of real estate matters and how these legal documents work. Often, the perpetrator will either work for a real estate company or have experience with these professionals in order to pull off selling a house out from under the current owner and ensure that this person is not aware of the transaction. While the sale is still illegal, it could cause serious problems for the owner.

The Investigation into the Sale

When a property sells through an online purchase with a deed that either does not exist or is no legal, it may take time to unravel the matter to discover the culprit and reverse the damage. The new buyer may receive the title, but when sold by someone that has no actual interest in the property, the incident involves fraud and an illegal sale. A state investigator usually becomes involved in these matters. However, it could take time and years to remove confusion and undo these schemes. Stopping the perpetrator is almost as important as reversing the outcome of the sale.

The seller has no interest in the property unless he or she purchased the house at some point and only sold part of it. However, this would not provide the individual with a full interest, and any sale where interest does not exist is not valid. Additionally, the perpetrator of real estate fraud is liable in both criminal and civil cases. This seller has no right to ownership in the property, and the buyer would have no legal interest in the house either. Attempting to validate the deed or title in these situations may lead to the initial investigation into the real estate fraud matter.

Pursuing Action with the Illegal Sale

Sometimes, the individual assisting in returning an illegally sold home may need to hire a lawyer long before pursuing legal action against the perpetrator. This may help in keeping the buyer off the property until the investigation ends. However, the true owner of the property may need to hire a lawyer to interview this buyer to discover all relevant facts and if the seller was physically present at any point during the sale. This may provide the legal team with the necessary information to obtain a subpoena for a court case with the criminal before a judge.

After hiring a lawyer, the owner or family that is assisting may need to wait until the lawyer is able to work out what to do once the investigation is still proceeding. Cooperation with local real estate authorities may provide additional information and a path forward. The lawyer may also need to hire an expert witness or private detective to track down and find the culprit of the fraudulent sale. If necessary, these processes will ensure that he or she arrives in the courtroom if the family seek compensation for the crime. Criminal justice is possible by working with a prosecutor for fraudulent real estate activity.

The Lawyer’s Assistance with the Fraudulent Sale

It is often necessary to seek monetary damages even if the perpetrator behind the fraudulent sale suffers criminal justice. The investigation and reversal of any negative action generally cost the owner and family. The damages owed lead to the courtroom for civil litigation.

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Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws they may affect a case.

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