Selling of home by daughter, who was then my POA. Did she have the right?

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Wondering if my daughter, who sold my home and I was told by a lawyer that the way it was done is considered "FRAUD"! She had home appraised, which was $55,000 but contract with Real Estate Company states sold for $30,000 even though she did sell it for $55,000 and got the other $25,000 as cash, not reported I think. And she used the money to put me in a home, first in PA, then another in PA and now I am in one in Michigan where she lives almost an hour away so don't see her nor Grandkids much. Never saw a drop of the cash! Did she have the right to sell house that way and then use it for these homes. One person, a Judge, said yes as far as paying for homes but a Lawyer said NO! All was illegal. Was it? That was only money I had and was gonna stay in PA and she also spent two days in my home after she put me in first one and without me there, emptying it! She threw out my $800 treadmill and my $100 Recumbent bike atop other stuff. Want to hang her! Was this allowed?

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Radiantorsa, by chance is your daughter a licensed Realtor? If yes, what she did is called a "Net Listing" which is usually not accepted by the majority of Brokers/Owners of real estate companies.

A net listing is one in which the Seller agrees to let the Agent keep any sale proceeds over a "net" price the seller wants for the property. Thus, the Agent knew the Seller wanted $30k, but she was able to sell the house for $55k.
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radiantrosa1 Jul 31, 2018
Nope not a Realtor but a Personal Trainer! Gonna call Realty company tomorrow and find out what went on with sale.
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do you still have a relationship with your daughter? you are angry at her for sure, but what explanation has she given you?

you said: (she) 'had to get me outta town so Ex wouldn't run into me'
was she trying to protect you somehow?

I don't know if she had the 'right' but you allowed her to be POA and signed off on the POA in front of your attorney/lawyer then idk? also I wondered about how much your home sold for. since there are escrow fees and real estate fees. How did she do all this selling stuff and moving things without you raising hell? how did she move you into your new apartment w/o hearing you out??

you are going back to court? I hope you can get it straightened out.
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radiantrosa1 Jul 31, 2018
relationship, yes, but not as it was before. explanation was, I wasn't being protected. HE was afraid of me! And I didn't know she was at the house cleaning it out as was in first HOME, which was an Assisted Living Home! And she did it w/o my knowing cause she's GOOD! House did sell for $55,000 but like I said, contract says $30,000 and she got the other $25,000 from the buyer too as cash! so that was on the hush hush! And believe you me, I did raise hell but it did no good. So fighting to get out of this home in MI and get back to PA! Hate it here! This was all a set up and my cousin was involved too!
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radiantrosa1, may I ask what are your medical issues? You mention a "home", what type of home are you referring? Did your daughter move you to a 55+ community, or Independent Living, or Assisted Living? More information would be helpful to help us give you an answer.

Apparently you saw the Sale Contract for your house. Who signed the Contract as the Seller? Did you, or did your daughter acting as your financial Power of Attorney? Look at the contract again, is it possible that the Buyer had put down $25,000 and placed the $30,000 into a mortgage? If yes, then the contract was legit.

If the Contract did state the house sold for only $30,000 then there is something amiss here since it was Appraised at $55,000. Speak with the real estate Broker who manages that office. Licensed Realtors(R) do have malpractice insurance in case there is a serious issue regarding a sell/purchase of a property.
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radiantrosa1 Jul 30, 2018
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First, 55,000 is not much to keep someone in a home if ur talking about a NH. It would last about 5 months. You sound like u can make your own decisions so not sure how we was able to do this unless had gaurdianship. POA only comes in effect when a person can no longer make decisions for themselves. Is there more to this story?
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radiantrosa1 Jul 30, 2018
She was my POA! And I canned her after whole house mess.And CAN make my own decisions. Court in Michigan appointed me a Guardian for 6 mos, have to stay in Michigan, then we go back to Court. He says I have to stay I WILL LEAVE! But when she was home she did everything to mess with my head! Only had put her as POA as wanted to have someone in charge if I couldn't do it.
And these places weren't that much. First one I believe was $1900 a month, second was $1200 a month so don't think all cash was used! This one I've been paying with my SSD check of $1077. They take $1000 and I get $77 a month which $35 goes to storage back home!
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What led to you going to a home? I assume that she is no longer your durable POA? I don't know how long in total you have been in these homes for, but $55,000 can be spent rather quickly for being in a home.
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radiantrosa1 Jul 30, 2018
Nothing but a daughter who had to get me outta town so Ex wouldn't run into me. He would actually run out of a store if he saw me! He screwed me over in Divorce big time! No Alimony or anything! And NOT my POA! And homes back in town where I lived were cheap. $1200 a month for one, $1900 for other one, now $1000 a month for this one. But hate it here in Michigan. Near Grand Rapids. Too BIG CITY for me. Have 2 other kids I never see nor Grandkids.
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