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Oct 14, 2007, 02:45 PM
We were behind the bill for our mortgage like about 3 months late. My parents ask some people to move in and ask them can they pay for the late payment we miss before we get foreclose. We didn't force them to pay so they just pay. We also told them when we sell the house we will give you half of what we get, that was the deal. We also said if you get a mortgage we would be happy to give you the house. This people have bad credits and we know it because they got foreclose in the pass. We ask them have they found a mortgage and they said yes. In about 3 weeks they brought my dad to some random guy's office and kind of force him to sign a paper. What I mean by force is they keep on telling my dad yes we found a mortgage just sign the paper. My dad sign the paper, but he didn't know what it was, he thought that they got the mortgage he's signing over the property to him. It was a quick claim deed signing that we give them our property and that they will resume the payment with our mortgage and it have a date for us to move out by the date it was on the deed. We didn't move out because we thought they are trying to scam us. They went and file a case against us to get us kick out and that case is in about a week. My parents can't really speak english so I doing this to get some research before the case. We got a lawyer already. My parents are really scare that the people that's living with us might get the house. Do you think we will be able to keep our house? We been living with them for about 4 months now and its said because the person that's file the case live in the same house! In that 4 months they flooded our basement scratch our tv, broken doors etc. The reason I know about some information on the deed because they want us to move out and they flash the deed in our face signing this is my house so move out. We went to one lawyer but didn't have to money so he didn't help us. All he said is that we could get out of the deed if it was ten days when we sign the deed but it been months.
Sorry for the grammer.
Oct 15, 2007, 04:34 AM
Sad story, but at least you've done the RIGHT thing by hiring a lawyer.
I think you'll be able to save your house.
Oct 15, 2007, 07:31 AM
For a quit claim deed to be valid it has to be notarized. If the deed was not witnessed that your father knew what he was signing, then you have a good case of fraud.
Your lawyer should be filing a counter suit against these people to void the quit claim deed and to evict them from the premises.
Oct 15, 2007, 02:00 PM
Well they had like 3 member of their family or so call family witness it, but my dad was by himself. He don't really know how to read or understand english, all he ask was that did you find the mortgage and they said yes so my dad sign it. Now they are stealing our mail and riping it up. Also can you explain to me a little more what you mean when you said, "If the deed was not witnessed that your father knew what he was signing, then you have a good case of fraud. "? Don't really understand.
Oct 15, 2007, 04:04 PM
Just what I said. A legal document like that has to be witnessed by either a notary or impartial witnesses. You get a lawyer and take them to court. You produce evidence that your father is not very literate in english and that there was no notarized signature and the judge will very likely void the quit claim deed.
Another option you have is to go the local district attorney or prosecutor and accuse them of fraud and theft. Because that's what they appear to have tried to do, steal the house. That's a CRIMINAL offense.
Oct 15, 2007, 05:26 PM
WOW I love you guys! Since they pay the 4 month mortgage do we have to pay them back since their intention is to steal our house? I think when they pay the 4 month mortgage for us its part of the step for them to get our house. Like they didn't even pay to help us out. When he was yelling at my dad he was like I pay so you guys can get out!
sorry I ask a lot of question. I'm just in need for answer. I finally can have some rest and same with my parents.
Oct 15, 2007, 05:48 PM
Their paying the mortgage may complicate things. Going into an agreement with them without getting everything in writing was not smart. But its going to be hard to convine a jury that you were just going to turn the property over to them.
Oct 15, 2007, 05:55 PM
Is it going to be hard for us to convine the jury or the people that's trying to scam us? And what's your percent of us winning? Yes, its a dumb question.
Oct 15, 2007, 06:49 PM
Its not a dumb question, but its one I can't answer. I'm only hearing your side of the story. But if what you are saying is accurateI think you stand a good chance. But you NEED and attorney to guide you.
Oct 15, 2007, 08:44 PM
ScottGem thanks for all the help. I tell you what happen after the court.
Oct 16, 2007, 05:35 AM
Please do keep us informed. Good Luck
Oct 18, 2007, 11:39 AM
Went to Court today. My lawyer mess up his schedule by mistaken it for next week. Its a good thing because now they say we are going to have a trial next month. We didn't have a lawyer but their lawyer try to talk when we said we are not talking unless our lawyer is here. One work came out of their lawyer he said that we are illegal tenancy something like that.
Oct 18, 2007, 12:01 PM
Of course. He's going to claim they own the house and you don't belong there. Your counterclaim is that they obtained your dad's signature fraudulently.
Nov 12, 2007, 03:13 PM
We got a jury trial on Wednesday. They spell the deed like this 'quick claim deed', and isn't it suppose to be spell quitclaim? Or does it even matter? Also in Illinois does it require the a witness to sign the deed from my party and their party and a course the guy that made the deed. And the deed is stamp with a notary public something like that.
Can you delete this this question after everything is over because for safety reasons. Like they could be searching the web for answer also and come across this question which sound like their problem too.
Nov 12, 2007, 04:12 PM
Spelling errors don't always count.
I wouldn't worry too much about them finding this. It won't help them if they committed fraud.
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