BROOKLYN (CN) - 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. 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."
"No contract of sale was ever entered into with BAP. There was no closing, no closing statement or memoranda not any other indicia of a lawful and routine purchase and sale of real estate. Nor did plaintiff receive a single dollar from BAP, [defendant Yuval] Golan or Andrew for the 'sale' of her home to BAP - despite the fact that her home had an appraised value of some $650,000.
"The only money that was exchange in this transaction was $6,000 that Golan paid Andrew for his part in the scheme - no part of which went to plaintiff."
She says Golan and BAP immediately filed the deed with the City of New York, falsely claiming they had paid $120,000 for it.
"However, BAP and Golan did not take everything; they left plaintiff with the mortgage on the property that she has continued to pay to date."
Evelyn Popalardo has lived in her house for 40 years. She says her son has lived with her for the past 10 or 12 years. Golan is the chairman and CEO of BAP, which "purports to be in the business of buying and selling investment real estate properties" from its office in Fresh Meadows, N.Y.
Evelyn says she gave her son a power of attorney in February 2009 "for the sole purpose of negotiating with the water company over a water bill". She says she wanted the power of attorney "immediately destroyed" after that single negotiation, and that Andrew admits it. "Instead of doing so, however, Andrew used this instrument to convey his mother's house to BAP - knowing that his mother would never have consented to such a transfer."
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 Golan.
She is represented by Diane Lutwak with the Legal Aid Society.
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