Posted by: operatheaterink | April 29, 2020

Commentary: Not Opera — Just Ink, April 29, 2020

Not Opera — Just Ink!


By Carol Jean Delmar
Opera Theater Ink

I must be a bit crazy. I follow the law and believe that fraud to a document means the document is invalid. But the law is not on my side, I am told. I must be crazy.

And I believe that a man who had a wonderful career as an artist should not be banned from maintaining that career just because he flirted years ago when that is what many men did. I must be crazy. What can I say? He is an artist in a world of con-artists.

The law is no longer the law. Values do not count anymore. Nothing counts but what people “think.” Skewed or not skewed. People in high position that should be measured by their professionality arrive at their positions by bending the law and being immoral. I won’t name names. Nothing is right or wrong anymore when what is wrong is right and right is wrong.

I have numerous documents to prove that a grant deed that was changed after being signed and notarized but before being recorded and before escrow closed — is invalid. Even the local real estate board’s residential purchase agreement states that even if a deed adds the word “assignee” to its title, the separate written consent of the seller to a “specified” assignee is required before the change can occur. Yet that statement somehow is in question and apparently does not hold true.

Yes, I made a mistake by selling my longtime house purchased by my parents in 1959. It was seller’s remorse, I confess. But my rationale was really quite different. I got sick with Parkinson’s Disease and became disabled. My doctor attested to it for me in writing. Suddenly, I was unable to drive to my doctors and needed a house that was disability-compatible. I longed for my old house. I approached the buyer and pleaded, but he would not bend even though no one lived in the house yet. So I searched and found. I found what I was looking for, I thought: FRAUD.

But now that six months have passed and the house is occupied, I face an uphill battle, I have been told by two attorneys who have rejected to take on the case unless I pay one in excess of $150,000. Boy, going to court to fight for justice is expensive these days. Only the rich can afford justice, I guess.

But on my original grant deed, I sold the house to one entity: a person. I have the document. And after it was recorded and a copy mailed to me, the same document had the grantee’s name whited out and the name of an LLC corporation inserted in its place — on “my” document on the date signed by me before recording and before the close of escrow. So I looked up this strange new name. It was not even in existence on the date I signed the document. It was not registered until two weeks after the date on the deed.

Yet the buyer will not consider giving the house back to me even though it is virtually a dying person’s last wish. So am I so wrong to want to use the legality of this situation to win back my home? I think not.

Also on the residential agreement, it says that first — except to resolve a judicial dispute regarding a trust deed — one must go to mediation, then arbitration. I believe that my case would be exempt, but I applied for mediation; and after filling out the forms and paying, to start a conversation, I received a letter by e-mail rejecting my application after being told that it was a go and that notices would be sent out that day. And this came from the mediation organization of the local board of realtors who had written the above on my purchase agreement.

So I guess the law is not the law, and what is not the law is actually the law. Oh, I don’t know. After all, I guess I am crazy. And according to the law, a crazy person is not equipped to validate a deed anyhow; so if I am crazy, then the deed should not be considered valid either and should be voided.

Plus there is another statement I read that says that seniors and disabled people should not be taken advantage of in such transactions. No one (not brokers or escrow officers) explained to me one word about the assignee on the agreement, or anything else for that matter. Another no-no. They just gave me a stack of papers to sign with very small print, so I signed without reading. Another no-no.

I have been told that criminal offenses are at play here, too, with penal codes that go along with fines and prison (ie. Penal Codes 115 and 476). I have been told to call the Secretary of State and the Attorney General’s offices, to call the FBI and my local police department. I have been told to call a real estate attorney, a civil attorney, and a criminal attorney. Everyone is passing the buck. Oh, and by-the-way, I called them all. Everyone sends me to someone else.

Many websites on the law spell out the details, then put disclaimers at the end of the posts. If you call them, they tell you to contact an attorney who tells you to contact someone else.

So what exactly “is” the law these days and what is not? Beats me. There are no general attorneys anymore. We live in a world of specialists who can’t define their specialty. So if you know of an attorney who wants to represent a law-abiding citizen who has been victimized and just wants justice — please have that attorney contact me.