View Full Version : Deed
eugene123
Mar 31, 2007, 01:49 PM
I bought property and placed in my son's name to help him estabish credit in the year 20000. After placing the property in his name, Three days later I transferred the property back to my name in the event he did not change his ways. He had no credit being release from prison. He would not change to be a good person so in the month of December 2003 I filed the deed at the courthouse. After filing the deed I found he had sold the property to his wife and mother in law August 2003. Since 1999 I have paid all taxes, spending to have the property paved three times at a cost of $22,000.00.
What recourse to I have.
ScottGem
Mar 31, 2007, 02:49 PM
First its not a good idea to piggyback your question on someone else's. Especially when it has nothing to do with their question. Therefore I've requested your post be moved to its own thread.
Second, I'm not clear on the time line here. If you purchased property that was placed in your son's names solely, then its his property to do with as you he wishes. You had no right to transfer it back to your name without his consent. He therefore had the right to sell the property.
From the date of sale, the new owners should have been paying taxes. They may have paid double in which case you need to get a refund from the county. If not, you may have a case against them to get coimpensation for the taxes and possibly the improvements you made.
Fr_Chuck
Mar 31, 2007, 06:29 PM
Yes I will agree with Scott, once you placed it in his name ( deed) you can not legally change the deed without his signing, so your "transfer" unless it had him sign would not be a legal transfer and the ownership would have remained withhim, and he was free to sell or transfer it to anyone he wanted.
And he I guess needs to say thank you for paying his taxes, since you were not obligated to, but it gives you no claim on the property.
And as for as the paving, sounds like a lot of money but that is not the issue, unless you had some written agreement for it, I guess it was or would be considered a gift.
Don't see any recourse in this for you at all. Sorry
Who is living in the house ?
eugene123
Apr 1, 2007, 10:25 AM
I am impressed to receive an answer. I will clarify.
I bought property and placed in my son's name to help him establish credit in the year 2000. After placing the property in his name, three days later I transferred the property back to my name with him signing and notarizing, in the event he did not change his ways. He had no credit being release from prison. He would not change to be a good person so in the month of December 2003 I filed my deed at the courthouse. After filing the deed I found he had sold the property to his wife and mother in law August 2003. Since 1999 I have paid all taxes, spending to have the property paved three times at a cost of $22,000.00.
What recourse to I have.
Fr_Chuck
Apr 1, 2007, 10:59 AM
Your unfiled deed may or may not be honored by your state, at this point you will have to file a law suit to vacate the existing deed and to have yours honored. Since it was notorised unless there is some law on a time frame to record the deed in your state you should get it back,
Failure to record the deed after signing is what happened, since at the court house, he was shown as the owner because that was the deed.
There was no other lien or notice of lien on the property and no notice of prverious sale. So he had a valid deed at the court house. I will assume he may have heard you were going to file your deed and thought he could get around it.
So now the deed to his wife and mother in law are the valid deeds on the property, so you need to file a suit to get title.
Of course since your son knew he had already signed the hosue back, this was a fraud on his part.