Imagine this. You have lived in your father’s home for years, having cared for him until his death. Your father passes away, leaving you as his only heir. Because you have to temporarily relocate to another area, you ask your uncle to take care of the home. However, upon your return, you discover someone else living in your property. You investigate, and find out that your uncle probated your father’s estate by claiming to be his only heir and then sold the property for $15,000. Now you seem to have lost the home that has been in your family for generations, and that is the only shelter you have.
You can stop imagining now, because this is a true client story, some variation of which is a reality for an increasing number of Philadelphians. The problem of fraudulent conveyances is so rampant that it has prompted action by the Philadelphia Department of Records (to prevent the recording of fraudulent deeds); the District Attorney’s Office (to prosecute individuals involved with fraudulent conveyances); and the First Judicial District of Philadelphia (to expedite the civil cases of homeowners seeking to invalidate the fraudulent conveyance of their homes). In consultation with these local players, practitioners and Philadelphia VIP, state Rep. Kathy Manderino is also exploring what legislative changes can be made to combat this problem.
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