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biguglycreek · Joined: 05 Feb 2011 Posts: 1 1.47 Dollars($)

My father and stepmother deeded a lot and house they began building on property that had been promised to me. When I confronted him he asked me to take the property in my name and financ the completion of the home. I agreed only if I was the sole owner. I got a deed prepared by an attorney in spring of 1996 and gave it to my father. He and his wife of 5 years signed the deed and recorded it and returned a signed recorded deed to me. I borrowed the money to compete the house. Then I found a piece of property for me and my wife. In order to qualify for the second loan I had to consolidate my debts and the previous loan all into one. After I had secured the financing, improved the new land and moved a mobile home onto the land I had a total of $105k loan that I have paid for since 1996. Within a few years what I was afraid of happened. His wife wanted the property back and began making life hard and claiming weweren't supposed to use the property for anything. I 2001 I gave my father aand him alone a life estate in the property at his request to "get the taxes down". He died in 2008 and she refuses to leave the property or pay rent. I sued her for eviction and won in magistrate court. She appealed to circuit court and the judge set the verdict aside stateing he didn't like for anyone to win by default. She has now been in the house for over 3 years and we are still in court. I have since become disabled and when I missed my first payment on the account the bank called ad said they had talked to her and weren't going to let me put her out. Now they have rushed to foreclose as soon as the 4th payment came due. I only owe $85k and the homes value is $225k. Does she have any cas at all if we go to trial, and what exactly will ajury be deciding on? BTW my father left her an estate of land, another house, and cash totalling $300K.

adonis · Posted: Sun Feb 06, 2011 11:40 pm Post subject:

Welcome biguglycreek,

If your name is mentioned on the property deed, then you will be considered as the owner of the property. But if your step-mother's name is mentioned in the life estate clause, then she will be able to stay in the property until death.

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