[sjgh]

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

[excon]

Who is legally entitled to ownership of this property at this time?

Hello sj:

I don't know. My only question for you is, why are you asking US?? Even if we told you that the property is yours, so what?? Are you going to just waltz in and say, "they told me on the internet, that it's mine"? If you did, they'd laugh at you, and rightfully so.

Nope, you're going to need an attorney to secure your property rights, IF it's YOUR property. He'll do more than just SAY it's yours.

excon

[LisaB4657]

If I understand your information correctly, a title search will show that the only owner of record is you. If your mother did another deed to include your sister after she transferred all of her interest in the property to you and after you recorded your deed, then the deed to your sister is completely ineffective regardless of whether it gets recorded.

Once your mother gave you a deed for all of her interest in the property, she no longer had any ownership interest to transfer. So there was nothing for her to transfer to your sister. Based on the information you've provided here, you own the property and it appears that no one else has any legal claim to it.

BTW, verbal contracts for the sale of property are not enforceable, due to the Statute of Frauds.

I suggest that you speak to a real estate attorney in your area to confirm that you are the owner and no one else has any claim to the property.

[ScottGem]

There is another kicker here as well. According to you your mother obtained financing to purchase the property. After doing so, she then signed the property over to you. However, if the financing was a mortgage against the property and she did not obtain permission from the lender to transfer the property, then that transfer may be called into question. You don't say what happened to that loan, but if its not paid off it remains a lien on the property.

But as Lisa said, unless the quitclaim deed transferring the property to you is voided, then you are the owner of record.

[LisaB4657]

Scott, why would the deed be voided? The only way a deed gets voided is if there was fraud between the buyer and seller. A transfer done without the lender's consent would not cause the deed to be voided. The lien would merely remain on the property.

[ScottGem]

Well with all that's going on here, the transfer of the property seems to have been done to avoid divorce issues. While its unlikely the lender will void the sale, it could depend on the wording of the mortgage. If there is a due on sale clause it might prevent the transfer.

[LisaB4657]

Nope, it won't prevent the transfer. A due on sale clause only means that the loan is in default. The transfer is still valid but the property is encumbered by a lien. The lender can begin a foreclosure but then the OP can refinance and pay it off.

[sjgh]

Thank you each for your reply to this question.

Yes, there is still a lien against the property--my mother's debt. I will continue to pay that debt as I have all the years she has lived in the house with a slight difference.

The monthly mortgage payment on that loan is $240.00.

The amortization schedule we gave my mother outlining the terms of our gentleman's agreement specified that we would make payments of $418.22 per month. We will continue to make those payments as agreed but, as we cannot trust her to make her mortgage payments, we will be making those payments directly to her mortgage company. Once the mortgage is satisfied, we will pay the $418.22 per month to her directly. In the event of her death, we will continue to make those payments to her estate (which I am sure I am no longer part of).

I have scheduled a meeting with my attorney for Monday morning.

Enforceable or no, decency dictates that a person's word should be their bond. We shall continue to be true to and honor our word. I only wish others felt the same.

Again, I thank you for you time and consideration.

Sincerely,

sjgh

[LisaB4657]

Good luck. I hope it works out in a way that makes the most people happy.

[ScottGem]

I would STRONGLY suggest that you refinance the existing mortgage. Pay off the existing mortgage that is in mom's name and put it in your (and/or your husband's) name. Take out the $50K and pay off mom. Then you will own the home outright, you can take the interest and tax deductions for owning the home.

[sjgh]

Hello sj:

I dunno. My only question for you is, why are you asking US????? Even if we told you that the property is yours, so what????? Are you gonna just waltz in and say, "they told me on the internet, that it's mine"? If you did, they'd laugh at you, and rightfully so.

Nope, you're gonna need an attorney to secure your property rights, IF it's YOUR property. He'll do more than just SAY it's yours.

excon

Dear ex-con:

Rather harsh don't you think?

I realize you are unaware of my back ground, but I am a paralegal. My area of expertise is not Real Estate law but Social Security and Workers Compensation, however, I managed a real estate office for almost two years.

With my background and familiarity with lawyers etc. it makes it quite easy to tell who is knowledgeable and who is not.

Why am I asking here? Because, as you can see, some of the answers on websites like this come from persons with like or similar experience, professionals and even students of a discipline. So you see, sorting the wheat from the chaff is a fairly simple matter.

This is why there was no written contract: My name is on the deed. A contract to buy a house that is already in a party's name would might just be invalid anyway. If it did not set precedent, it would likely depend on case law. (This is where that laughter you mentioned would come in.)

And no, there is little else an atty. Could do besides clarify ownership and hopefully help me draw up a document to file which would prevent the validation of that other deed drafted 2 years ago in my sister's name jointly with mine from being filed as a retaliatory measure.

I hope this answers YOUR questions.

Thank you for your time.

-sjgh

[excon]

Rather harsh don't you think? And no, there is little else an atty. could do besides clarify ownership and hopefully help me draw up a document to file.

Hello again, sj:

I don't think so at all.

In my view, there are usually TWO parts to the questions we get here. Often times, however, the asker only asks ONE part.

You see, there's 1) the law. And, then there's 2) what to DO about it.

You asked

To whom does the property rightfully belong?

Given the convoluted events surrounding these transactions, I suggest the TRUE ownership is in doubt. Therefore, I can't answer with certainly, what the LAW is in your case.

Which brings me to the second part. That's the part where I'm really good. Because even if I don't know how a judge might rule on a particular piece of law, I KNOW what to DO, to make a positive outcome MORE likely than not, for our questioners.

Most of the time, that advice is as simple as hiring a lawyer - because lawyers know what to DO about it.

Now, we're back to your case. I think you're flat wrong. I think there's a GREAT deal more a competent attorney can do about assuring a positive outcome in your case, than YOU can.

If the law was as simple as just filing the right documents, then a clerk could do it.

excon

PS> Yes, I have a smart mouthed delivery. But my ADVICE is spot on.

[sjgh]

Hello again, sj:
Now, we're back to your case. I think you're flat wrong. I think there's a GREAT deal more a competent attorney can do about assuring a positive outcome in your case, than YOU can...

excon

PS> Yes, I have a smart mouthed delivery. But my ADVICE is spot on.

Which is why I made an appointment with my attorney the very same day my mother called. Unfortunately, it is court week in our tiny little hamlet and the earliest appointment I could get was next Monday morning.

Meanwhile, I have a very riled nest of vipers to contend with and am concerned some issues might arise between now and then. I needed more information to be able to address them from a better informed standpoint.

PS> Yes, I have a smart mouthed delivery.

Indeed. And I fail to comprehend why you, and others like you, feel the need to pen such strident remarks against persons who (a) have never wronged you, (b) have come with hat in hand merely to seek the wisdom of others, (c) are possibly already experiencing a world of pain due to, as in my case, the emotional volatility of a situation.

Unless of course... Yes, that must be it. ;)

But my ADVICE is spot on.

I do not question that the advice to obtain the services of an attorney is indeed sound. Never did I say I intended to confront this dilemma without one. I simply meant that attorneys are not super heroes and are limited to providing services within the scope of their profession.

They do what they do: Initiate the discovery process, review the law, determine how they believe the law applies to a given situation, determine what motions, documents, pleas etc. need to be filed to best serve their clients interest, oversee their procurement & filing. When the situation merits it, they represent their client in court where a judge interprets, decides and issues a ruling on the law.

I reiterate: I do not question that your advice to obtain the services of an attorney is indeed sound. It was YOU who questioned the viability of advice offered over the internet. You are offering advice over the internet. Ergo, you question yourself.

In conclusion, as I have never played and never will play the submissive in S&M games such as the one you play here, you may consider the safety word spoken and I bid you adieu. Good luck finding a submissive. I know for fact there are plenty out there! ;)

[excon]

Hello again:

One last thing... I'm smartmouthed. NOT offensive. The problem with the internet is you can't see my face. I certainly meant no offense. But, I also don't think I said anything offensive, either.

I'm happy to help you. I have nothing against you. I do this for fun, not to make people unhappy. I think people should be happy with what I tell them. Most of them are. Yeah, I'm a wiseguy. Sorry you missed the nuance.

excon

[sjgh]

:p lol