Our house was sold illegally

[papa2220]

We had an apartment that was sold without our permission. We gave a trusted indivdual an power-of-attorney to mortgage the house to pay for my grandmothers healthcare cost. Well he altered the power-of-attorney and sold our house and now he is no where to be found. We have a lawyer that we are working with, but what are the chances of us getting our home back?

[Lambada]

Commiserations. I suppose grandmother didn't get her treatment paid for either since he probably went off with the money? You gave him power of attorney to remortgage the house, is that right? Did he also get the titulo altered? Have the buyers been able to put titulo into their names?

[papa2220]

We did give him the power-of-attorney to mortgage the house. I'm not sure about the other two questions. Our lawyer is sending us some paperwork to fill out. He told me that he is going to file a civil and criminal compliant with the courts, and then give notice to the buyers that the has was sold illegally.

[Lambada]

I'm not a lawyer. I was asking so as to get you to post as much information as possible so that when the DR1 Legal Expert Dr. Guzman sees this he will have more information to go on in order to be able to answer your question. Does your lawyer think you will be able to reclaim the property? I wonder what happens to the buyers who presumably 'bought' in good faith, or at least handed money over? I presume they will then have to sue your 'trusted' individual?

[Mirador]

Originally Posted by papa2220

We had an apartment that was sold without our permission. We gave a trusted indivdual an power-of-attorney to mortgage the house to pay for my grandmothers healthcare cost. Well he altered the power-of-attorney and sold our house and now he is no where to be found. We have a lawyer that we are working with, but what are the chances of us getting our home back?

I'm very sorry about your predicament, and hope you can sort things out to your best satisfaction. But in addition to your legal problem, you have to work on another related aspect, it is polishing up on your judge of character capabilities. Also, never, but never sign a power-of-attorney. Powers-of-attorneys were invented by the Devil herself....

Originally Posted by Mirador

I'm very sorry about your predicament, and hope you can sort things out to your best satisfaction. But in addition to your legal problem, you have to work on another related aspect, it is polishing up on your judge of character capabilities. Also, never, but never sign a power-of-attorney. Powers-of-attorneys were invented by the Devil herself....

At least in the DR anyway.

[papa2220]

No I agree with you about choosing the right person. At the time it was my only choice. Its really hard choice because I have a job here in that states and I can't be leaving every month too take care of my affairs in the DR. Going back to the other statement the owners right now will have sue the individual who sold them the house. My lawyer told me not to feel sorry for them because they did not their due dillegence. Plus the price it was low I personally would have been hesistant.

Originally Posted by papa2220

No I agree with you about choosing the right person. At the time it was my only choice. Its really hard choice because I have a job here in that states and I can't be leaving every month too take care of my affairs in the DR. Going back to the other statement the owners right now will have sue the individual who sold them the house. My lawyer told me not to feel sorry for them because they did not their due dillegence. Plus the price it was low I personally would have been hesistant.

I'm just glad that it appears that you will get your house back - well it is good to know at least a part of our tax money is doing something worthwhile.

[Fabio J. Guzman]

If your lawyer acts quickly, you should be able to easily win you suit voiding the illegal sale.

What must be avoided at all costs is giving the buyer the opportunity to sell to a third party of good faith, which would complicate matters legally.

[papa2220]

how long is the process in the DR to get something like this resloved? Of course this in under the assumption that our house has not been sold to a
3rd party?