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

    Sep 4, 2010, 09:11 PM
    Grant, bargain, sale deed Nevada
    In the state of NV, Washoe county: My wife executed a Grant, Bargain, Sale Deed conveying title from herself to herself, her brother, and her sister-in-law as joint tenants prior to marrying me.

    Her brother told her that she needed to sign the document in order to ensure that her aging mother would not lose the home if my wife were to die. The document states - In consideration of $0.00 0 (zero) dollars... and contains no language concerning the mortgage.

    The document was executed several months after my wife closed on the purchase of her home. She is the sole borrower on the mortgage.

    We recently tried to close a refinance of the existing mortgage and were informed that my wife's brother and sister-in-law needed to sign a Quit Claim Deed in order to close. Long story short, they refused and informed us that they own 1/2 of our home and they do not want us to refinance. The current equity in the home is approximately $100k. They told us we need to pay them $70k to buy them out.

    What is our best course of legal action?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Sep 4, 2010, 10:28 PM
    Your wife will have to sue her brother and sister-in-law for a recission of the deed due to fraud. They defrauded her when they told her that she needed to transfer shares of the property to them in order to protect her mother.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Sep 5, 2010, 05:53 AM

    Lisa is, of course, correct. But this may be difficult to prove. The fact is that your wife signed over half the house to her brother and, legally, he owns half the property. Unless you can prove the brother coerced your wife to execute the quit claim deed with false information, then she may not be able to win such a suit.

    I strongly suggest hiring an attorney to help deal with this.

    BTW where does the mother come in here. Is she living with you? Did your wife buy the house for her and the mother? If so, why not just add the mother to the deed as joint tenant with right of survivorship?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Sep 5, 2010, 07:53 AM

    They do indeed own 1/2 or 2/3 of the home, depending on how it is worded. And they will own the home on her death, with you having no claim to the home what so ever.

    Plus the wife is the only one obligated to pay.

    They will also have to sign either the house back, or have to sign on a new loan making them liable for the loan.

    Indeed she was "tricked" it may sound like, but she also knew she was giving ownership of her home away.

    She may sue, but personally I don't see good odds in winning.

    And yes they are right in asking for a buy out, perhaps they would accept a lesser amount

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