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nmhnurse · Sep 22, 2012, 04:31 PM

Can I place a lien on my own property that I have maintained for 14 years tax an insurance plus up keep.. judge says sell split with sibs, they never paid a nothng.

ScottGem · Sep 22, 2012, 04:33 PM

Why would the judge say split it if you own it? It seems you are leaving a lot out of this story.

nmhnurse · Sep 22, 2012, 04:34 PM

Arkansas property owed for 14 yrs, can I put a lien on myself property as family disagreement sibs sued me, I have paid it all plus up keep. Would like to get some of money back for all the years, not one of the sibs have contributed.

JudyKayTee · Sep 22, 2012, 04:35 PM

Originally Posted by nmhnurse

can I place a lien on my own property that i have maintained for 14 years tax an insurance plus up keep..judge says sell split with sibs, they never paid a nothng.

We would need more info - if you don't own it but you lived there, perhaps the Judge feels the upkeep and maintenance and insurance are equal to the rent you should have been paying, so it balances out.

Without more info it's just a guess.

nmhnurse · Sep 22, 2012, 04:41 PM

I have never lived in property in Arkansas it was my parents home, they are deceased it was sold to me for one dollars 14 years ago.. my parents lived there... we kept it up with taxes & insurance, can I recover when the house is sold if I put lien on myself as owner...

JudyKayTee · Sep 22, 2012, 04:42 PM

Originally Posted by nmhnurse

I have never lived in property in arkansas it was my parents home, they are deceased it was sold to me for one dollars 14 years ago..my parents lived there...we kept it up with taxes & insurance, can I recover when the house is sold if I put lien on myself as owner...

How can somebody force you to sell a property you've owned for 14 years. I assume the Deed was filed and this isn't "he said, she said"?

You can't file a lien against your own property, and you also can't create an agreement or contract where none existed.

But it comes down to the same thing - you own the property, you can prove it. Why did a Judge aware "damages" to other people, siblings or not? If others were awarded shares, why wasn't what you paid subtracted from the total before it was divided?

Something is missing in this explanation.

ScottGem · Sep 22, 2012, 04:48 PM

Again, you aren't giving us the whole story. If you purchased the property and a proper deed was recorded then its your property. However, because you state you putchased the property for $1, which I doubt as market value the court may have decided the sale wasn't entirely kosher.

Without knowing what the suit was about or the judge's reasons behind his rulling its hard to advise you.

nmhnurse · Sep 22, 2012, 04:56 PM

Originally Posted by JudyKayTee

We would need more info - if you don't own it but you lived there, perhaps the Judge feels the upkeep and maintenance and insurance are equal to the rent you should have been paying, so it balances out.

Without more info it's just a guess.

I legally owned it along with my husband, deed recorded all done by attorney whom happen to be the judge on the case, my sibs were never involved until I put it up for sale.. there was no legal will, only wishes of their care.. I am certainly upset with this they tried to say my father was incomptent. He was not... It was never mortaged or anything, can I appeal? Needless to say after the huge bill from attorney we got nothing do not know why... help

nmhnurse · Sep 22, 2012, 05:00 PM

Originally Posted by nmhnurse

I have never lived in property in arkansas it was my parents home, they are deceased it was sold to me for one dollars 14 years ago..my parents lived there...we kept it up with taxes & insurance, can I recover when the house is sold if I put lien on myself as owner...

This is the story nothing is missing... thank you

nmhnurse · Sep 22, 2012, 05:02 PM

Originally Posted by ScottGem

Why would the judge say split it if you own it? It seems you are leaving a lot out of this story.

Not leaving anything out, I owed it legally deed & every other legal step taken 14 years ago... I am going to appeal... Thank You

ScottGem · Sep 22, 2012, 05:03 PM

You are saying the judge who ruled on this case was the same one who recorded the deed? Then you have grounds for appeal since he should have recused himself.

You are still being very unclear about what this suit was about. So I really don't know how you expect us to help you.

joypulv · Sep 22, 2012, 05:11 PM

There are little phrases you use like 'no legal will' that are raising flags.
It sounds like your sibs claim that you got dad to sell you a nice property for a dollar, and you recorded the deed in your name before he and your mother died? And that the whole idea of the sweet deal was that you would take care of both parents, long distance? And you did - or what?
You can't sell a child or anyone a property for a dollar without paying the IRS a whopping gift tax on the fair market value at the time. I doubt that this was done right. I'm curious to know what you think was illegal about the will, or are you saying there was no will, just wishes, whether verbal or on paper?

JudyKayTee · Sep 22, 2012, 05:41 PM

Originally Posted by nmhnurse

I legally owned it along with my husband, deed recorded all done by attorney whom happen to be the judge on the case, my sibs were never involved until i put it up for sale.. there was no legal will, only wishes of their care..i am certainly upset with this they tried to say my father was incomptent. he was not ...It was never mortaged or anything, can I appeal? needless to say after the huge bill from attorney we got nothing do not know why...help

An Attorney doesn't record a Deed. An Attorney takes it to the County Clerk and it's filed there - or mails it or delivers it.

I have no idea what "no LEGAL will" means.

The Judge obviously either believed that your father was incompetent or that the deed was somehow fraudulent. And, yes, if the Judge had prior knowledge he should have refused to hear the case.

Who lived in the house from the time it was Deeded to you until you tried to sell it?

When the Wills (or estates) were probated, how was the property addressed? How did you address it on your tax returns?

Fr_Chuck · Sep 22, 2012, 05:45 PM

While you may try to have a claim for expenses, the other heirs, then could also counter with claims for rental value of their share while you lived there.

It appears it was not handled properly 14 years ago and for some reason came to light under a new claim.

JudyKayTee · Sep 22, 2012, 05:51 PM

Originally Posted by Fr_Chuck

While you may try to have a claim for expenses, the other heirs, then could also counter with claims for rental value of their share while you lived there.

It appears it was not handled properly 14 years ago and for some reason came to light under a new claim.

The story is being told in little pieces but "I have never lived in property in arkans ..."

I have no idea who lived on the property or, for that matter, when the parents died.