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twomuttsmom
Jun 21, 2007, 11:45 PM
Hi there!

I was given a quit claim deed on my grandfather's house several years ago. It was filed at the court house. Recently, I attempted to take out an equity loan to build a garage. The lender said that the house belonged to my parents. I went to the court house to see where the problem was and they said that I had filed a copy of the deed and not the original deed. (Why didn't someone tell me this then?)

I have since tried to get the original deed from my parents and they refuse to give it to me, saying that I do not need to take out a loan on the home and make myself a bill.

Is this house still theirs? Should I get an attorney? How could an attorney help me or can I take another route and do this myself?

Thank you,

twomuttsmom

excon
Jun 22, 2007, 09:31 AM
Is this house still theirs? Should I get an attorney? How could an attorney help me or can I take another route and do this myself?Hello mom:

Well, that's the question, isn't it? From your post, it isn't clear to me. But, it isn't clear to you or your parents either, so MY confusion is understandable.

Seems to me, you have two options, one of which you apparently already took, and that would be good faith negotiations. However, when those break down, there's only one alternative left, and that's to FORCE the issue. That's going to take an attorney - and it's not going to be pleasant.

Given the above, I would give the good faith stuff one more shot. This time, lay your cards on the table with your parents. Tell them that, while you appreciate their parental advice, YOU own the home and that YOU are going to dispose of it as you see fit. If they don't cooperate, then you are going to hire an attorney to force them into compliance.

That may not be a pleasant conversation to have either, but it's a last ditch effort before you sue them.

excon