Friday, April 30, 2010

82-Year Old, Blind, Diabetic, Wheelchair-Bound Mom Accuses Son In Lawsuit Of Using POA To Sell $650K Home Out From Under Her

In Brooklyn, New York, Courthouse News Service reports:
  • A blind, wheelchair-bound 82-year-old mother claims her adult son sold her $650,000 home out from under her for nothing - taking only a $6,000 kickback for himself. There was "no contract ... no closing, no closing statement ... nor did plaintiff receive a single dollar ... the only money that was exchanged in this transaction was $6,000" that Bapaz Aderet Properties Corp. ["BAP"] paid her son, Evelyn Popalardo claims in Kings County Court.

  • Evelyn Popalardo is 82, diabetic, "legally blind, requires a wheelchair to move around and is housebound." She says that in March 2009 her son Andrew, 52, "acting without [her] knowledge or consent and pursuant to an alleged durable power of attorney allegedly 'sold' - but in reality gave - her house to BAP."

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  • She says that when her attorney called Bapaz Aderet Properties, the company had the brass to try to sell her house back to her for $80,000. She seeks declaratory judgment, return of title, and punitive damages fraud, breach of fiduciary duty, deceptive trade and aiding and abetting. She sued her son, BAP, and Yuval Golan.(1)

For more, see Son of the Year.

For the lawsuit, see Popalardo v. Bapaz Aderet Properties Corp., et al.

(1) She is represented by Diane Lutwak, Steven Banks, and Roger J. Hawke, Of Counsel, with the non-profit law firm, The Legal Aid Society - Brooklyn Office for the Aging.