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    don ross's Avatar
    don ross Posts: 3, Reputation: 1
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    #1

    May 23, 2012, 09:19 PM
    Mean grandfather who wants to evict us
    My gfather bought us a house 2 years ago when we had our baby. Now we're having family problems and he wants to evict us. We've never had a lease or paid rent, but 2 yrs ago I did sign a paper where he sold me the house for a dollar and the lawyer signed it and notarized it bur have not filed a deed yet. Is the house mine?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    May 23, 2012, 09:23 PM
    Did your grandfather sign the paper? Was his signature witnessed and notarized? If so then all you have to do is file it.
    don ross's Avatar
    don ross Posts: 3, Reputation: 1
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    #3

    May 23, 2012, 09:35 PM
    Quote Originally Posted by LisaB4657 View Post
    Did your grandfather sign the paper? Was his signature witnessed and notarized? If so then all you have to do is file it.
    yes he did but he and the lawyer have copies, I don't
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    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    May 24, 2012, 04:26 AM
    Have you contacted the lawyer to find out why it hasn't been filed?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    May 24, 2012, 05:47 AM
    Just a thought - if there are copies available but not an original does that mean that the original WAS filed?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    May 24, 2012, 06:05 AM
    You go down to the court house and see what was filed. The "papers" needed to be a deed that was signed transferring it to you. ( you should have gotten a copy)

    But go to the court house see whose deed is showing ownership, you can also see if there is any liens against the property. Also has the tax bill for the property been coming to you
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    May 24, 2012, 06:35 AM
    You NEED to get a copy of that document or get it filed with the county. If he is the owner, then he can evict you. If you are, then he can't.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    May 24, 2012, 06:57 AM
    I don't know where OP lives BUT where I live - NY - part of the eviction process involves an affidavit that you OWN or MANAGE the property from which you want the person evicted.

    I don't know what "wants us evicted" involves legally but this could be a threat with nothing behind it.

    OP needs to find out ownership, get a copy of the papers.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    May 24, 2012, 07:36 AM
    Quote Originally Posted by JudyKayTee View Post
    ... part of the eviction process involves an affidavit that you OWN or MANAGE the property from which you want the person evicted. ...
    Affidavit or not, you can't evict someone from the premises if you don't own the premises. This would be universal.

    If there was a notarized "paper", and a lawyer was involved, it seems reasonably certain that it was a deed in reasonably good order. OP should check and see if it was recorded.

    In many places, a grantee does not sign a deed. In others, I guess, he does. So I am wondering if maybe it was something other than a deed.

    We have two things going on here:

    • OP doesn't know what this "paper" was, but thinks his grandfather gave the property to him. Obviously he should have asked for a copy and kept it in a safe place. But no use crying over spilled milk.
    • Grandfather, assuming he effectively gave the property to OP, seems to have forgotten the transaction. Is he starting to suffer from senility by chance?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    May 24, 2012, 01:28 PM
    I didn't mean it's a separate Affidavit. It's part of what the landlord/property manager signs to prove he/she has the authority to evict someone. This way I can't evict you from your house.

    And without this paperwork - ?
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