sjgh
Dec 4, 2007, 11:53 PM
As the history of this property is quite protracted, I will try to briefly lay out facts and minimal details.
2001
- my mother files for divorce, moves out of the dwelling she shared with her spouse.
- she enlists my aid in purchasing the property across the street from mine as she is out
Of state.
- she secures a loan, in her name only, to purchase the property.
- she then signed the title to the property over to me via a quitclaim deed, in order to
Protect the property from possibly being disputed in the divorce despite its purchase
After their separation as it was not a formal legal separation.
- Mother could not secure employment right away and then only meager wages when
She did. Therefore, as soon as she took possession of the house, my husband began
Giving her a minimum of $300.00 per month stipend to allow her to pay her mortgage
Payments and buy a little food. These payments to her were made faithfully each
Month with the last one being sent to her circa November 29th, 2007.
(Well over $21, 000.00 all told).
2005
- January--My mother tells me she wants me to add my sister to the deed as well.
This I did at my own expense. We both acknowledged the house is really mom's.
- The new deed has not been filed as of 11/15/07 because my sister has outstanding
Federal Student Loans and a lien would then be placed on the property, however, to
The best of my knowledge, it is still in my mother or my sister's possession.
2007
- August--Mother announces that she intends to sell her house and go into assisted
Living. I felt she is to young for that and did not want her to give up the home she had
Loved too hastily. I told her if I could afford to I would buy the house and she could
Keep her room there indefinitely as that would also put a roof over my daughter and
Grandchild's heads. But I said there was no way I could get another loan having just
Taken out a second mortgage on my current home to buy a new roof and make critical
Repairs.
-Mid September--Mother asked me to make an offer on her home. I was a little
Surprised. I told her I would have to do some math and get back with her. I did the
Math and my husband offered her $50000 financed @ 8% for 20 years but explained we
Had no money to put down on it.
-Early October--she tells me she has decided to sell to her ex-husband.
-Mid October--Mother brings her ex-husband to my house. He started aggressively
Interrogating and belittling my husband about our offer. I did not understand why since
Mother was going to sell the house to him.
-I called mother later that evening and asked her why her ex-husband felt it necessary
To go on and on criticizing the offer we'd made on the house when she'd already agreed
To sell it to him? She said she was considering his offer.
- Late Octo.--Mother went to Florida around the 24th of Oct.. To get away and clear her
Head. When she returned, she called me and asked "Do you still want to the house?"
I said I would have to check with my husband to be sure, but yes I think he is still
Interested, and clarified that she understood the only terms we were financially capable
Of offering. She said yes and was anxious for us to begin making payments right away.
However, I told her I didn't want to start making payments until my sister and her
Husband (who had been living with her for about a year) moved out and I could take
Possession.
- Mother stated they would be out on the 10th of Nov. so I arranged for the first, prorated
Payment to be sent to her on the 6th, so that it would reach her by the 9th and I
Planned to have my daughter and grandchild move in on the 15th.
- Mother received the check and cashed it, thereby sealing the agreement.
- She said my daughter could start moving her things in on the 12th.
- My sister’s family only just finished vacating a few days before Thanksgiving.
- My daughter was never given a key, and had to cram all her and her child's
Possessions into the smallest room of the house which was still full of my mother’s
Possessions as well.
- I had to pay mother's outstanding light bill of $583.00, and her outstanding gas bill of
$533.00 in order for my daughter to get utilities set up in her name there.
- Mother agreed to accept that as additional payment toward the house which would
Come off the principle.
- I also gave her the usual $300.00 per month.
So, for the month of November 2007, my husband paid my mother $1,835.18 for the purchase of said property.
-Dec. 3rd 2007, she calls me and tells me she wants me to sign the deed to the house
Over to her as "This is just not working out for me" and she intends to sell the house
Outright. I told her she would have to talk to my husband. She wanted to know why. I
Said because he is the one buying the house with HIS money! (He is the only one
Employed as I am disabled.)
-I contacted my bank to see if she had cashed any of the checks sent to her with "mrtg4
11204 (name of street). She had cashed the first prorated mortgage payment and her
$300.00 stipend, but had not yet cashed the second mortgage payment.
So here you have the convoluted tale of this property.
-We had a verbal contract to purchase my mother's home acknowledged by her cashing
Of the check for the first mortgage payment. She wishes to renege.
-At present the deed is solely in my name, but there is an unfiled copy of the deed to the
Property bearing my sister's name as co-owner floating around somewhere.
Who is legally entitled to ownership of this property at this time?
If it is my husband and/or myself, what do I need to do about this unfiled deed if my sister suddenly decides to file it after almost 2 years have passed and does it necessarily have to be done before she manages to file it?
Thank you.
sjgh
2001
- my mother files for divorce, moves out of the dwelling she shared with her spouse.
- she enlists my aid in purchasing the property across the street from mine as she is out
Of state.
- she secures a loan, in her name only, to purchase the property.
- she then signed the title to the property over to me via a quitclaim deed, in order to
Protect the property from possibly being disputed in the divorce despite its purchase
After their separation as it was not a formal legal separation.
- Mother could not secure employment right away and then only meager wages when
She did. Therefore, as soon as she took possession of the house, my husband began
Giving her a minimum of $300.00 per month stipend to allow her to pay her mortgage
Payments and buy a little food. These payments to her were made faithfully each
Month with the last one being sent to her circa November 29th, 2007.
(Well over $21, 000.00 all told).
2005
- January--My mother tells me she wants me to add my sister to the deed as well.
This I did at my own expense. We both acknowledged the house is really mom's.
- The new deed has not been filed as of 11/15/07 because my sister has outstanding
Federal Student Loans and a lien would then be placed on the property, however, to
The best of my knowledge, it is still in my mother or my sister's possession.
2007
- August--Mother announces that she intends to sell her house and go into assisted
Living. I felt she is to young for that and did not want her to give up the home she had
Loved too hastily. I told her if I could afford to I would buy the house and she could
Keep her room there indefinitely as that would also put a roof over my daughter and
Grandchild's heads. But I said there was no way I could get another loan having just
Taken out a second mortgage on my current home to buy a new roof and make critical
Repairs.
-Mid September--Mother asked me to make an offer on her home. I was a little
Surprised. I told her I would have to do some math and get back with her. I did the
Math and my husband offered her $50000 financed @ 8% for 20 years but explained we
Had no money to put down on it.
-Early October--she tells me she has decided to sell to her ex-husband.
-Mid October--Mother brings her ex-husband to my house. He started aggressively
Interrogating and belittling my husband about our offer. I did not understand why since
Mother was going to sell the house to him.
-I called mother later that evening and asked her why her ex-husband felt it necessary
To go on and on criticizing the offer we'd made on the house when she'd already agreed
To sell it to him? She said she was considering his offer.
- Late Octo.--Mother went to Florida around the 24th of Oct.. To get away and clear her
Head. When she returned, she called me and asked "Do you still want to the house?"
I said I would have to check with my husband to be sure, but yes I think he is still
Interested, and clarified that she understood the only terms we were financially capable
Of offering. She said yes and was anxious for us to begin making payments right away.
However, I told her I didn't want to start making payments until my sister and her
Husband (who had been living with her for about a year) moved out and I could take
Possession.
- Mother stated they would be out on the 10th of Nov. so I arranged for the first, prorated
Payment to be sent to her on the 6th, so that it would reach her by the 9th and I
Planned to have my daughter and grandchild move in on the 15th.
- Mother received the check and cashed it, thereby sealing the agreement.
- She said my daughter could start moving her things in on the 12th.
- My sister’s family only just finished vacating a few days before Thanksgiving.
- My daughter was never given a key, and had to cram all her and her child's
Possessions into the smallest room of the house which was still full of my mother’s
Possessions as well.
- I had to pay mother's outstanding light bill of $583.00, and her outstanding gas bill of
$533.00 in order for my daughter to get utilities set up in her name there.
- Mother agreed to accept that as additional payment toward the house which would
Come off the principle.
- I also gave her the usual $300.00 per month.
So, for the month of November 2007, my husband paid my mother $1,835.18 for the purchase of said property.
-Dec. 3rd 2007, she calls me and tells me she wants me to sign the deed to the house
Over to her as "This is just not working out for me" and she intends to sell the house
Outright. I told her she would have to talk to my husband. She wanted to know why. I
Said because he is the one buying the house with HIS money! (He is the only one
Employed as I am disabled.)
-I contacted my bank to see if she had cashed any of the checks sent to her with "mrtg4
11204 (name of street). She had cashed the first prorated mortgage payment and her
$300.00 stipend, but had not yet cashed the second mortgage payment.
So here you have the convoluted tale of this property.
-We had a verbal contract to purchase my mother's home acknowledged by her cashing
Of the check for the first mortgage payment. She wishes to renege.
-At present the deed is solely in my name, but there is an unfiled copy of the deed to the
Property bearing my sister's name as co-owner floating around somewhere.
Who is legally entitled to ownership of this property at this time?
If it is my husband and/or myself, what do I need to do about this unfiled deed if my sister suddenly decides to file it after almost 2 years have passed and does it necessarily have to be done before she manages to file it?
Thank you.
sjgh