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.
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