Brown

MEMORANDUM *

Because the parties are familiar with the details, we include only a brief statement of facts.

In 1997, while serving time in prison, appellant Rodney Brown (“Brown”) executed an attorney-in-fact agreement in favor of his brother William Michael Brown (“Michael”). The general power of attorney specifically authorized Michael to “sell, convey, exchange or otherwise transfer or encumber any real or personal property of [Brown],” and to “sign, seal, execute and acknowledge all written instruments ... as fully as [Brown] could do if personally present.” Working with mortgage broker James Cunningham, Michael applied for five loans in Brown’s name from appellee Option One Mortgage (“Option One”). Michael did not identify himself as acting as Brown’s attorney-in-fact. Instead, Michael simply wrote and signed his brother’s name on the loan documents. Michael also provided false information concerning Brown’s employment.

After Option One approved the five loans, Option One wired loan funds to Zachary Kinneman, who at Cunningham’s suggestion was used as the escrow agent. *727 Kinneman distributed $92,000 to Michael ($8,000 more than the parties had agreed would be…