Family law/real estate problems

[Nick Proffer]

Sorry in advance if this sounds confusing...and it is, because I haven’t been able to find a lawyer to help me with this case.

I was signed power of attorney and beneficiary deed over my great grandmother and her property. Her son (my grandfather), who is a very unethical man, has been trying to get power of attorney over my great grandmother for awhile and my grandmother never wanted him to be. Well, a year later, he convinced her to sign power of attorney and because she moved in with him after Doctor said she needed 24/7 care after getting the shingles.

I was working full time so that's why she moved in with her retired son and daughter in law who is a RN. Shortly after moving in with my grandfather the house went into foreclosure to my surprise because to my surprise, she had a reverse mortgage on the property. After a year long battle I found a bank who refinanced out of the reverse mortgage with a conventional loan and at the time I thought I purchased the property from my grandmother but only to later find out my name is just on the mortgage and the beneficiary deed, not the title. Before I found out my grandfather was power of attorney I asked my great grandmother to sign a quit claim deed. This was so I could refinance the house and put my name on the title and to recover the $25K in credit card I've consumed trying to do the BRRR method and am now dealing with my great grandfather who is abusing his conservatorhsip over my grandmother to try to take the house and say my "tenancy at will" is terminated when I've paid a mortgage on the house for over 2 years. He is pissed off that his mom is giving a house to her great grandson because it also states that in her Will.

Has anyone dealt with abuse of power/family law issues before and could refer me to a lawyer in CO? Really any suggestions or help is appreciated, thank you.

[Jerry W.]

@Nick Proffer, there is a lot going on here.  A couple of things.  First there is a thing called fiduciary duty.  Just having a power of attorney doesn't mean it is OK to do anything you want with it.  You are obligated to use it in such a way that it is to the benefit of the person you are using it for.  Next you are mixing up a lot of legal concepts that are not usually compatible.  First a power of attorney in no way limits what you great grandmother can or cannot do.  She can revoke it at will and can still sign any papers she chooses.  Now a Conservancy is an entirely different animal.  To become the conservator of a person you must be appointed by a court, and you can over rule the decisions of the person you are appointed to for.  Your recourse there is to go to the court and file in the conservancy.  As to how you got your name on the mortgage but not on the title is utterly astounding.  You make it sound like you bought a race horse and went out and put a saddle on it and climbed on and were surprised that it turned out to be a cow.  At some point very early on it should have been REALLY apparent.  I am not even sure how to get on a mortgage without getting on the deed except for being a guarantor.  You mention a beneficiary deed.  I am not sure what that is.  It sounds like a deed that will gives you ownership in the future but not now.  How did you get that?  You really need to take a couple hundred dollars and all of your paperwork and start calling lawyers who do real estate and go visit one locally and get some help.  there also needs to be things in place to make sure you are not taking advantage of your great grandmother.  What may seem as just buying a house from her may look like taking advantage to another person.  There are thousands of attorneys in your state and many in your area.  Get on the internet or start making phone calls and make an appointment and go see one.  There is a lot more that needs to be known and read before this becomes clear.