 noeuemura
Joined: 09 Nov 2008
Posts: 9
3.79 Dollars($)
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 Posted: Sun Nov 09, 2008 2:46 am Post subject: Divorce Decree vs. Land Deed (still under mortgage) |
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Mother and father in-law divorced father dies. State of Hawaii
In divorce decree it states that this 13 acre parcel will be divided up amongst 4 siblings (w/ full names noted)
Land was never subdivided
1 sibling w/ spouse wanted to build a house; a verbal agreement was given by trustor and 3 other siblings just to build the house, but they had to assume the whole 13 acres on the loan according to them and their mortgage lender.
The okay was given and house was built.
When the next sibling was ready to build, the first couple would release the rest of the said property by subdividing the property and building.
The sibling that built first now does not want to let anyone else to move or step on the property that reflects as they are tenants by entirety. They have mailed us certified letters stating that no one is allowed on this said property and had the living parent sign her name off of the loan.
Can a divorce decree reverse this action that this sibling and spouse has done? Would the other children still be able to claim their portion of the property? Would the lender be able to release the other 10 acres if the next child wants to build?
Being that the current owner works in an escrow office and have a tendency to do all these paperwork and changes without the knowledge of the living parent and having her just sign docs. is this legal? I believe this sibling had mother sign herself off of the loan. CAN THE OTHERS STILL ONE DAY HAVE RIGHTS TO THEIR PORTION? |
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