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deniselaw31 · Jan 9, 2011, 05:22 AM

My aunt of 90 years old gave me a house. I became her power of attorney in April of 2009,which stated that I would assign the house temporarily to my son and it would be reassigned to me at my discretion. The deed was issued shortly in the end of 2009 in my son name because I was incontract with a house. My son agreed to do this temporarily beacause I have been supporting him. He is 22 years old. I finally closed on the house on 3/10 and now my son is refusing to sign back over the house. He is evicting my aunt and myself. Only to find out that a custodian trust was not done. My mother claims that she told the lawyer but states he cannot remember. The lawyer says that he remembers that a deed was drawn up for me to sign but doesn't remember anything else. What can we done to turn back the deed over.

joypulv · Jan 9, 2011, 08:00 AM

What a mess. Interview a GOOD lawyer to see if it's worth the case and be an educated client.

I don't understand where your mother comes into the picture if you were the one arranging all this. Nor do I understand why you couldn't keep the house while under contract on another, unless you inherited debt. Nor do I understand what 'your son agreed.. because you have been supporting him' has to do with anything, unless you just assumed that he would feel indebted.

Too much information is second and third hand to know if you have recourse.

ScottGem · Jan 9, 2011, 08:08 AM

Sounds to me like some shady things were going on if you had to temporarily assign ownership to someone else. But, unless you have some proof that the transfer was reversible at your discretion, its your son's house and he can do with it as he wishes.

deniselaw31 · Jan 10, 2011, 10:30 PM

Nothing shady was going on. I was already incontract with my house as a first time home buyer and could not have another home until I closed. I should have waited till I closed which was not until one year later.

Fr_Chuck · Jan 10, 2011, 10:38 PM

So yes, it was a shady thing, you wanted to hide the fact you were getting another house, to get a first time home buyer credit, So you wanted to cheat on your taxes.

And it really does not matter what you intended, once the house is transferred to the son, and a new deed was issued to him, it is his house, there is no requirement unles there was one in writing, for him to sign it back over, he is not bound by the POA and there is really no "temp deed" Home needed to stay in original persons ownership till it could be given to you.

Next what happened to your other house, you were buying, if you are now being evicted out of this house.

deniselaw31 · Jan 10, 2011, 10:44 PM

The other house my son lives in it and it is being rented out. Is the other house worth fighting for my aunt who still lives in it.

What proof would I need.

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deniselaw31 · Jan 11, 2011, 04:28 AM

Being that my aunt is alive and in her right mind, is it worth fighting that she states her wishes. I was not present during the signing. She acknowledges that the lawyer was aware that the house was supposed to be temporary. Can we fight it ?

ScottGem · Jan 11, 2011, 05:46 AM

You can certainly fight it. Whether you would win or not is in question. If the POA actually states that he was to sign it back over to you, you might even win. Talk to the attorney about what your chances of winning are.

But I can tell you that it will probably come out in any hearing that you you were trying to fraudulently claim the first time buyer credit. It was obvious from just the little you originally told us that something shady was going on. If I were a judge hearing this case, I would report it to the IRS.

P.S. Please don't use the Comments feature for followups.