MY QUITCLAIM DEED HAS ME & MY MOTHER AS JOINT TENENTS W/RIGHTS OF SURVIVORSHIP ON IT.

BARBARAMENNA · Joined: 02 Oct 2008 Posts: 9 3.28 Dollars($)

SHE NOW IS ANGRY AT ME & SAYS SHE HAS MADE IT SO I WILL NEVER HAVE CLEAR TITLE TO IT. IS THAT POSSIBLE & HOW MAY THAT HAPPEN? SHE WAS IN CONTACT W/ A LAWYER SO I KNOW SHE DID NOT DO IT HERSELF. WE BOTH HAVE "SPECIAL NEEDS TRUSTS" FOR OUR RESPECTIVE CHILDREN. HOW DOES THAT IMPACT THE DEED & WHAT HAPPENS WITH MY HOUSE?

HELP!

elnoralittle · Posted: Thu Oct 02, 2008 9:14 am Post subject:

she cannot remove you from the deed without your signature. As joint tennants with rights of survivorship, she can't even will her portion of the property to someone else.
What is Joint Tenancy with Rights of Survivorship?
Joint Tenancy ownership is where two or more people hold title to an asset. Joint tenancy with rights of survivorship (JT/WROS) features a right of survivorship. The term "right of survivorship" means that upon the death of one joint owner, title passes by "operation of law" to the surviving owner who receives sole ownership of the asset. It is a type of ownership that will not be controlled by either your will or your trust.

BARBARAMENNA · Joined: 02 Oct 2008 Posts: 9 3.28 Dollars($)

CAN SHE PUT A LIEN ON THE PROPERTY OR ME TO KEEP IT FROM BEING SOLELY MINE WHEN SHE PASSES AWAY?

elnoralittle · Posted: Thu Oct 02, 2008 10:25 am Post subject:

I decided to check with our attorney to find out. She could not take out a second mortgage without your having consent or having to attend closing.
BUT, a lien could be place against the home for failure to pay if the home was used as collaterall, say if she resided the house or work was done to the house and she didn't pay the contractor.

She is probably blowing off steam.

BARBARAMENNA · Joined: 02 Oct 2008 Posts: 9 3.28 Dollars($)

THERE'S NO MORTGAGE ON THE HOUSE I'M IN, BUT SHE GOT A $100,000 LINE OF EQUITY W/VARIBLE RATE ON HERS. CAN SHE USE MY HOUSE AS ANYTHING FOR HER'S. SHE ALSO CLAIMS THAT I OWE HER $25,000 IN PROPERTY TAXES THAT SHE & MY FATHER (NOW DECEASED)PAID OVER THE YEARS BEFORE THEY QUITDEEDED IT TO ME. ALL REPAIRS, TAXES & INSURANCE IS PAID BY ME & HAS BEEN FOR NEARLY 4 YEARS.
????

elnoralittle · Posted: Thu Oct 02, 2008 11:05 am Post subject:

no, one property is different than the other. In order for her to file a lien on the property you are in, she would have to take you to court and a judge would put it on the property.
Which it sounds like she doesn't really have a case.

BARBARAMENNA · Joined: 02 Oct 2008 Posts: 9 3.28 Dollars($)

SO IT SOUNDS LIKE SHE'S JUST BLOWING SMOKE?? I'D LIKE TO HAVE SOME KIND OF HEADS UP AS TO WHAT SHE MIGHT BE ABLE TO DO OR DID DO. I'D HATE TO WAIT TILL MY TIME TO SELL OR GIVE MY HOUSE TO MY KIDS' TRUST & FIND OUT IT'S GONE OR COMPROMISED. ANY SUGGESTONS AS TO WHAT OR WHERE I COULD LOOK TO SEE IF SHE DID ANYTHING?? I REALLY APPRECIATE ALL THE INFO SO FAR - THANK YOU Smile

elnoralittle · Posted: Thu Oct 02, 2008 11:54 am Post subject:

I would call the attorney who handled the deed you are on now.

BARBARAMENNA · Joined: 02 Oct 2008 Posts: 9 3.28 Dollars($)

I DID. HE'S MY MOM'S ATTORNEY & HE WON'T TELL ME ANYTHING.
NOW WHAT??

elnoralittle · Posted: Thu Oct 02, 2008 12:45 pm Post subject:

what state are you in?

BARBARAMENNA · Joined: 02 Oct 2008 Posts: 9 3.28 Dollars($)

FLORIDA

elnoralittle · Posted: Thu Oct 02, 2008 1:05 pm Post subject:

The following title company handled my Aunts loan, you can try calling them. Or you can call the office of register of deeds for the specific county you are in. http://www.allthingspolitical.org/county_recorders/florida_county_reco rders.htm

Watson & Osborne Title Services, Inc.
904)273-7009

BARBARAMENNA · Joined: 02 Oct 2008 Posts: 9 3.28 Dollars($)

WHAT WILL I ASK THE REGISTER OF DEEDS? I WENT INTO MY LOCAL REGISTER & READ ALL I COULD FIND SO FAR. MY MOM ONLY STARTED THIS STUFF MONDAY (AS FAR AS I KNOW). WHAT MIGHT THE TITLE COMPANY TELL ME?

elnoralittle · Posted: Thu Oct 02, 2008 1:22 pm Post subject:

You just need to explain your situation and ask them what your rights are.
As far as I can tell, your mother can't do anything. Her house has nothing to do with this one.

Any liens (say for the 25k in taxes) would have to be placed there by a judge.

Just call and find out the specifics of joint tennant w/survivorship from the attorney's office. If she dies, the property automatically goes to you. Ask the attorney if someone with a lein on her property can attach to yours.

I think that before they would seek out other potential property, collectors would demand the sale of hers to cover any balance such as an equity line.

You are more than likely safe from any harm

BARBARAMENNA · Joined: 02 Oct 2008 Posts: 9 3.28 Dollars($)

THANK YOU,THANK YOU VERY VERY MUCH.

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