Elderly Homeowner Tricked Into Signing Deed

[amdiaz43]

Hello. I am trying to find a possible direction to go in for this particular situation, although it is for my dear friend. My friend, who is now 70 years old, had her house 'stolen'. Several years ago, she used to own a home in Tempe, AZ and had her friend stay there in order to help her. My friend is legally blind and one day her friend told her she needed some paperwork signed for proof that she lived there. My friend, being so helpful, agreed to help her with this paperwork. However, she cannot see very well, so she trusted in what she was signing and when it was all over, the friend and her spouse 'legally' owned the house. Since then she has been afraid and does not know how she would even go about fighting for her property. She was clearly taken advantage of.

Does anyone know how this could have happened in the first place?... I was not told the full details. Who could she turn to and what would she do to prove that she signed under false intent? Any other *comments would be helpful. Thanks/

[aaron]

Your friend needs to get legal assistance. She may wish to start with the Arizona Elder Law Hotline, 1-800-231-5441, or 520-623-5137 in Tucson, 9AM - 4PM, Monday through Friday. Note that they will not take calls on her behalf from relatives or contacts.

Given that the person who took title to the house probably can't show any form of reasonable consideration for her receipt of the house, and it would be an extraordinary gift, a court may well not require much persuading to decide that your friend was exploited. But time is not on her side, so she should try to get legal help sooner as opposed to later.

[Fxston]

It sounds pretty straight forward. If your friend's eye sight is so bad as to need someone to tell her what she is signing, it sounds like fraud in the inducement (to enter into a contract) as well as detrimental reliance. You friend merely has to find a good lawyer, assuming the statute of limitations hasn't run out, who would petition the court to set aside the transfer. Your friend should also talk to the police as this also sounds like a criminal matter.

Why hasn't your friend done this sooner?