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    nifty165's Avatar
    nifty165 Posts: 1, Reputation: 1
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    #1

    Feb 1, 2012, 02:51 PM
    How to file a quiet title action?
    My dad was swindled out of his property a women told my prother he couldn't put the title/buyer in my dads name because he owed taxes, which was a lie but brother didn't know any better and put this thing unbeknown to my dad in her name. The deed was written up not like what dad and my brother discussed but how this woemn wanted it, acutally the lawyer relveal he had to write it three times as it kept coming out that this women would be life estate when the whole agreement was that my dad was given this house by my brother to live in until he dies straight up. Well this women has kicked my dad out of this house and is stating that its hers and there sin't anything my dad can do. She down right lied to my dad telling him when hew as asking didn't he need to sign somthign as the buyer, donw right lied and desevie him by telling him he didn't need to sign anyhthing, well that was because she had convinced brother of a story lied to dad to have total control of this property how do we get her out of there for fraud and misrepresentation in order to botain property
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Feb 1, 2012, 04:55 PM
    A quiet title action is not applicable here. It appears this woman has title now. A quiet title action is brought by the title holder against people laying claim to title.

    What I would do is go to the police and file fraud and theft charges. I'm not sure how she could have wound up with titles is your brother's intention was to give you father a life estate. What's also not clear us who previously owned the house.

    I think you need a new attorney, one better than the one who screwed up the filing of the deed. You need to get this mess straightened out.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 1, 2012, 08:15 PM
    You will see the DA and see about filing criminal charges. You will hire an attorney and file a law suit against them.
    shroomi812's Avatar
    shroomi812 Posts: 1, Reputation: 1
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    #4

    Jun 26, 2013, 12:37 PM
    Well here's an update:a Washington county Iowa judge ruled on this as the police would not allow my dad to file criminal charges against her we had to file a civil suit. The judge asked the women if she had any reocrds or documents to prove what she was saying she said no I left them at home. The judge was good with the fact that she brought nothing to court and left everything at home.. The judge listened as the women was caught in lie after lie, right there in front of the judge when asked how many checks have you written on this account, she said one.. we gave her the checkbook and she sat there and admitted check after check aftger check was hers and she written it.. purjury only counts outside a court room according to the judge: as he looked the other way. He ruled that my dad should have been aware of what his room mate was doing and because he did not make a point of watching his money his bank accountd and his money she was stealing that he contribuited to his own demise and said she won. So with that being siad my dad being 72 years old has been swindled out of all of his money and properyt and they jduge said lady you are good to go.. her next move is to file a permanent no contact order so that the judge who loves women and ruled this way can allow her to keep everything from my father permanently alothough the judge said my dad by her own admissions tthat they have assets together that she should give him half the assets, she is saying hell no and saying there is a no contact order and she will make it permanent so sad too bad, good bye thankts for the htousands of dollars all of the vehicle, 50 thousand dollars worth of coins all hers thanks to this judge: he should be reported to the bad judges list to allow a woemn to lie in court get caught in these lies and admit to withholding information that would have allowed my dad to prove his case, and the judge says, don't worry about records and documents its OK to purgery yourself we will rule in your favor poor thing.. bull is what I say how can the justince system do this and he is just out of it all with no recourse what so ever. The judge will not make her give him anything even though testimony and evidcence shows that he is enttile to half how does a person get it ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Jun 26, 2013, 01:07 PM
    First, I removed identifying info. I have no idea whether this judge committed malfeasance or not. But if you think he did, then you appeal the decision and file a complaint with the chief judge.

    I would also get medical testimony about your father's competence at the time. If he was competent and didn't read what he was signing or get advice about what he was signing, then the judge's ruling may have been correct.

    If the judge issued an order for her to pay over an amount of money and she refuses, then you go back to the judge and have her cited for contempt of court.

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