Check out some similar questions!

CarrotGirl · Aug 25, 2008, 07:12 PM

My father gave me a house (that he inherited) about 11 years ago. When he prepared the General Warranty Deed (which was filed with the county clerks office in Houston in 1997), he also asked me to sign a Deed of Trust (D/T), and have it notarized. I did as he asked. As far as I can determine, the D/T was never filed along with the Warranty Deed in 1997... perhaps a crucil point in my questions below...

This D/T outlined the specifics regarding payment for this house from 1998 until 2030. He explained to me that he would use this D/T to protect me in the event someone ever tried to take this property from me... whether through failed marriage, lawsuit, etc. He made it clear to me that he never intended for me to pay for this house... that he was just trying to protect me. While he has NEVER asked me to make any payments toward this D/T, he has always held it over my head to use it to threaten me into living my life according to his rules. This has caused us much strain in our relationship, as it is not very pleasant for someone to try and force you to make decisions they feel are right for your life.

Recently, I decided to build a house on this property... but he does not feel like this is a good idea. After many arguments over this issue, he finally pulled out the D/T Carrot (thus the name,"CarrotGirl"), threatening to make me pay off this note as stated in the D/T.

He has been holding this carrot over my head for the last decade threatening that if I ever do not follow his wishes, he will enforce payment on this property according to the terms on the D/T. Sounds like a soap opera... and yes... this is REALLY my pathetic life!!

Anyway, I have several questions here:
(1) Can he really enforce this D/T, even though it appears he has never filed it?;
(2) If so, is there anything I can do to fight him? (as he has never enforced payment as stated in the terms of the D/T.? );
(3) If he did not file the D/T along with the General Warranty Deed in 1997, can he file it tomorrow if he wanted to?; and
(4) If he did file the D/T, can I sell the house without his permission? (provided I pay him the amount he is asking for in the D/T) (as there is no lien filed against the house).

HELP!! PLEEEEEEEASE SOMEONE SHED SOME LIGHT ON THIS SITUATION!!

Fr_Chuck · Aug 25, 2008, 07:58 PM

Not being filed does not make the D/T invalid, if he went on to file it, it most likely will be honored.

You will have to prove in court it was not a real D/T and there is no reason to expect him to enforce it.

Yes, you could have held the warranty deed for 10 years and come back and file it, not filing it does not make it wrong, It will have to be properly witnessed according to your state law.

Yes, the D/T only shows you owe him money and have to pay it according to the payment schedule in it. But yes you sell the house and pay him, and he can not stop it

JudyKayTee · Aug 26, 2008, 06:39 AM

Originally Posted by CarrotGirl

My father gave me a house (that he inherited) about 11 years ago. When he prepared the General Warranty Deed (which was filed with the county clerks office in Houston in 1997), he also asked me to sign a Deed of Trust (D/T), and have it notarized. I did as he asked. As far as I can determine, the D/T was never filed along with the Warranty Deed in 1997...perhaps a crucil point in my questions below...

This D/T outlined the specifics regarding payment for this house from 1998 until 2030. He explained to me that he would use this D/T to protect me in the event someone ever tried to take this property from me...whether through failed marriage, lawsuit, etc. He made it clear to me that he never intended for me to pay for this house...that he was just trying to protect me. While he has NEVER asked me to make any payments toward this D/T, he has always held it over my head to use it to threaten me into living my life according to his rules. This has caused us much strain in our relationship, as it is not very pleasant for someone to try and force you to make decisions they feel are right for your life.

Recently, I decided to build a house on this property...but he does not feel like this is a good idea. After many arguments over this issue, he finally pulled out the D/T Carrot (thus the name,"CarrotGirl"), threatening to make me pay off this note as stated in the D/T.

He has been holding this carrot over my head for the last decade threatening that if I ever do not follow his wishes, he will enforce payment on this property according to the terms on the D/T. Sounds like a soap opera...and yes...this is REALLY my pathetic life!!!!

Anyway, I have several questions here:
(1) Can he really enforce this D/T, even though it appears he has never filed it?;
(2) If so, is there anything I can do to fight him? (as he has never enforced payment as stated in the terms of the D/T.???);
(3) If he did not file the D/T along with the General Warranty Deed in 1997, can he file it tomorrow if he wanted to?; and
(4) If he did file the D/T, can I sell the house without his permission? (provided I pay him the amount he is asking for in the D/T) (as there is no lien filed against the house).

HELP!!! PLEEEEEEEASE SOMEONE SHED SOME LIGHT ON THIS SITUATION!!!!!!

Please don't keep posting the same question - should be combined.