Follow us!

    Post: Breach of fiduciary duty/exploitment of elderly-squater?

    Posted by Alberto on 7/23/07


    8-5-97 A. Garcia signed POA to daughter, S.McCoy. FILED
    IN COUNTY RECORDS
    8-6-97 A. Garcia signed deed of trust on 1011 L. house to
    R. Vargas. FILED IN COUNTY RECORDS
    12-22-97 S. McCoy signed correction of deed of trust on
    101l L. house due to improper notary. NOT FILED
    1-28-02 A. Garcia passes intestate, leaving only 1003 L.
    house to surviving spouse, I. Garcia.
    2-2-02 I. Garcia signes POA to daughter, S. McCoy. FILED
    IN COUNTY RECORDS
    9-19-04 I. Garcia is diagnosed with Severe Vascular
    Dimensia. Legally making her an incapacitated person.
    10-22-04. S. McCoy makes contract for sale of 1003 L. home
    for $25000 to R. Vargas. (HOME VALUE is about $90000)
    NOT FILED IN COUNTY RECORDS
    R. Vargas only paid $15,000 and was to pay $10,000 balance
    within one year. This was never done.
    1-19-05 Youngest son, Albert, who is I. Garcia's primary
    care giver since 1999, executes Lis Pendence FILED IN
    COUNTY RECORDS.
    1-19-05 Albert discovered 4 Insurance policies S. McCoy
    wrote, and was paid commissions on 2 of said policies.
    (Texas Insurance Commission eventually revoked S. McCoy's
    Liscense to sale insurance).
    1-19-05 I Garcia has less than $100 in a total of 4
    accounts.. which is available to her.. 2 accounts are
    overdrawn.
    1-19-05 Albert confronts S. McCoy and R. Vargas about
    exploitation. Both deny everything.
    1-22-05 I. Garcia and Albert file law suit against S.
    McCoy and R.Vargas for breach of fiduciary duty and
    working in collussion to defraud I. Garcia.
    1-23-05 Albert files criminal charges with D.A.'s office
    (they never did anything, said it was a civil matter)
    1-23-05 Adult Protective Service would only make a report.
    1-23-05 Legal Aid considered taking case.
    1-23-05 S. Mc Coy moves in to home with R. Vargas, next
    door at 1011 L.
    1-23-05 Albert and I. Garcia demand 1003 L. home and take
    possession.
    1-28-05 S. McCoy files a fraudulent deed on 1003 L.
    placing home into S. McCoy name--dating deed back to 8-6-97
    FILED IN COUNTY RECORDS. note: deed is not notarized
    correctly and signitures are completely different than
    other documents filed 8-5-97 and 8-6-97.
    6-13-07 Probate judge rules forged deed is good... no
    evidence was presented because of lack of money to hire
    attorney to continue representation of I. Garcia and
    Albert.
    7-6-07 S. McCoy makes deal with R. Vargas and signes deed
    for 1003 L.
    7-23-07 Albert and I.Garcia still live in 1003 L.

    What squatter's rights do we have?
    817-995-3539
    Albert



    Posts on this thread, including this one
  • Breach of fiduciary duty/exploitment of elderly-squater?, 7/23/07, by Alberto.


  Site Map:  Home Chatboards Legal Jobs Classified Ads Search Contacts Advertise
  © 1996 - 2013. All Rights Reserved. Please review our Terms of Use, Mission Statement, and Privacy Policy.