My father underwent a major surgery about a year ago. Before the surgery, he was convinced to add his parents' names to the deed of his house in case something happened to him in the surgery.

My father came through the surgery fine, and recovered at my grandparent's house. But one day there, my grandfather took him to the bank and had someone come out to the car to have my father sign papers. My father was out of it from the surgery at this point, did not know what he was signing, but signed under my grandfather's pressure. Now, a year later, we learned that my grandfather had my father sign out an almost $200,000 loan against his house, eliminating any equity my father had in it and benefitting my grandfather. (We didn't know this because my grandparents have been paying the mortgage).

My question is, what can we now do to protect the house and my father's rights? My grandpa was very deceiving in this action and still will not confess to what he did, although we've talked to a bank about it. Is there any way we can sue my grandfather? How would we even go about this?

Hello confused:

I'd talk to MORE than the bank. What your grandfather did was a CRIME. I'd be talking to the COPS.

excon

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Originally Posted by confused_one

My question is, what can we now do to protect the house and my father's rights? My grandpa was very deceiving in this action and still will not confess to what he did, although we've talked to a bank about it. Is there any way we can sue my grandfather? How would we even go about this?

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Welcome to AMHD; just curious: who is the "we" you keep referring to?

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Originally Posted by George_1950

Welcome to AMHD; just curious: who is the "we" you keep referring to?

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One would think they are referring to themselves and their spouse/partner, although possibly a sibling. Does that make any difference?

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Originally Posted by Hundalei

One would think they are referring to themself and their spouse/partner, although possibly a sibling. Does that make any difference?

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confused_one will be able "...to protect the house and my father's rights...", even if father isn't interested?

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Originally Posted by George_1950

confused_one will be able "...to protect the house and my father's rights...", even if father isn't interested?

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Very good point. What does Dad think of all this? Unless there is a Power of Attorney, it would be his problem would it not?

The "we" is my father and I, who live in the house. I had to move in with him to help him recover from his surgery. Yes, he is very interested in doing something about this, but is clueless on where to start, thus I am trying to help him find the answers. The reason I am so involved is because I am helping him financially right now, and ultimately he wanted to leave the house to me if he were to pass. He is devastated that this is happening.

Also, I just found out my father bought his house for $190,000 and my grandpa took out a loan against it for more than my father paid... this all seems so wrong, we just don't know where to start in pursuing this. And yes, my father wouldn't mind putting my grandpa in jail at this point.

This is up to your father, you can not do nothing unless your father wants to.

First he needs to hire an attorney to sue his father, and also call the police to see about filing charges.

The issue will be he will have to prove he did not understand what he was signing, There will have to be statements form the people who brought documents out to a car to be signed, and to state the medical condition of the father at those time. Also there had to be a notorary witness and sign, so their records will have to be proved.

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Originally Posted by confused_one

My father underwent a major surgery about a year ago. Before the surgery, he was convinced to add his parents' names to the deed of his house in case something happened to him in the surgery.

My father came through the surgery fine, and recovered at my grandparent's house. But one day there, my grandfather took him to the bank and had someone come out to the car to have my father sign papers. My father was out of it from the surgery at this point, did not know what he was signing, but signed under my grandfather's pressure. Now, a year later, we learned that my grandfather had my father sign out an almost $200,000 loan against his house, eliminating any equity my father had in it and benefitting my grandfather. (We didn't know this because my grandparents have been paying the mortgage).

My question is, what can we now do to protect the house and my father's rights? My grandpa was very deceiving in this action and still will not confess to what he did, although we've talked to a bank about it. Is there any way we can sue my grandfather? How would we even go about this?

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Check into the requirement for independent lagal advice in your province or state.

You DO need to contact an attorney but one thing you can do in the interim is tell the bank that you've lost your closing package and demand a copy. As a rule a good closer will get everything signed and EVERY PAGE initialed. Also, the bank is going to have hell finding and getting your docs. Next thing, is the bank servicing the loan? That is, do you make payments to the bank or to a 'loan servicing' company. But first, get a copy of the closing docs. Just FYI I've been a mortgage broker and banker for about 13 years.

Rats, I forgot, call your county and see if you can quit claim the grandfather off. That'll keep him from doing further harm for now. D

Check out "diminished capacity" and "unjust enrichment" and the requirement for "independent legal advice". Your father may well have had the first, never got the second and third.

A contract is an agreement where both parties are aware of and consent to its terms. If it can be established that one of the parties to a contract was legally unaware of its terms and has not benefited from it, that party may not be responsible for the contract.

It sounds like your father was in a state of "diminished capacity" which may lead to his not being responsible for the contract.

Having someone sign a $200000.00 loan in a car in the absence of a chance to review the documents with his lawyer sound fishy to me.