Posted on: 12th Jul, 2007 04:11 am
five years ago my sister quit claimed her house to me in front of several wittiness due to her drinking two DUI.CONVICTIONS
etc. she was going to lose the house now she has filed a lis pend and claims she was tricked into it while drunk.
we recorded it and paid off the old loan and have let her live there since for half the payment its $1290 she pays $750 sometimes. can she pull this off she has an attorney and its starting to get real nasty. WE BORROWED AGAINST THE HOUSE TO PAYOFF OLD LOAN clean the place up and payoff some other bills. now her attorney wants that money back and demands we sell the house to her for balance owed only. and we were going to do this just to get out from under the mess not return money borrowed just sell her the house for balance.there is also about $60.000 in equity in the house and there trying to put it in a trust for her 18 yr old son.by the way she is getting her money from an older man she does home care for and its his attorney thats pushing this i feel they will take the equity and push her out anyway but thats not my problem.what are there chances in taking us to court and forceing us to repay what we borrowed against the house and forceing the sale to the trust set up for her son? we would at least like to evict her and rent to someone else we have a monthly lease with her..we wanted to sell it but now it looks like this cant happen.
HELP thank yoU RCOY
etc. she was going to lose the house now she has filed a lis pend and claims she was tricked into it while drunk.
we recorded it and paid off the old loan and have let her live there since for half the payment its $1290 she pays $750 sometimes. can she pull this off she has an attorney and its starting to get real nasty. WE BORROWED AGAINST THE HOUSE TO PAYOFF OLD LOAN clean the place up and payoff some other bills. now her attorney wants that money back and demands we sell the house to her for balance owed only. and we were going to do this just to get out from under the mess not return money borrowed just sell her the house for balance.there is also about $60.000 in equity in the house and there trying to put it in a trust for her 18 yr old son.by the way she is getting her money from an older man she does home care for and its his attorney thats pushing this i feel they will take the equity and push her out anyway but thats not my problem.what are there chances in taking us to court and forceing us to repay what we borrowed against the house and forceing the sale to the trust set up for her son? we would at least like to evict her and rent to someone else we have a monthly lease with her..we wanted to sell it but now it looks like this cant happen.
HELP thank yoU RCOY
Hi Rcoy,
Your sister has no right now to claim the property as she has transferred the property to you in front of many witnesses. You should consult with an attorney immediately so that he can suggest what you should do at this situation.
Your sister has no right now to claim the property as she has transferred the property to you in front of many witnesses. You should consult with an attorney immediately so that he can suggest what you should do at this situation.
Hi Rcoy,
Your sister is saying that she was tricked into signing the deed but does she has any proof by which it can be proved? From what I know it is very difficult for someone to prove such a thing when the deed was properly notarized and recorded at the county recorder's office.
I would also advice you to consult an attorney at the earliest and explain all the points to him. What I can tell you is that she will not be able to prove that she was tricked into signing the deed. They will not be able to force anything upon you or sell the house as it belongs to you.
Miller
Your sister is saying that she was tricked into signing the deed but does she has any proof by which it can be proved? From what I know it is very difficult for someone to prove such a thing when the deed was properly notarized and recorded at the county recorder's office.
I would also advice you to consult an attorney at the earliest and explain all the points to him. What I can tell you is that she will not be able to prove that she was tricked into signing the deed. They will not be able to force anything upon you or sell the house as it belongs to you.
Miller
As the deed was notarized and recorded, house is yours. Your sister is going to have tough time proving that she was tricked into signing the deed. Can you think of any documents that she can produce to prove that she was tricked?
I agree with all other posters.
You need not worry.
Your sister won't be able to prove a fraud if you had taken all the legal steps to have the deed notarized before a notary public and get it recorded at recorder's office in your county.
But is there is something else which might turn the case in her favor?
You need not worry.
Your sister won't be able to prove a fraud if you had taken all the legal steps to have the deed notarized before a notary public and get it recorded at recorder's office in your county.
But is there is something else which might turn the case in her favor?
hi rcoy,
once your sister has signed the quit claim deed and gave the property to you, the transfer is final. if she is changing her mind later and is claiming the property back, it may be impossible or extremely difficult to undo the deed unless you, being the grantee agrees to quit claim the property back to her.
she would have to prove that the transfer was invalid, for example she has signed the deed under some pressure.
once your sister has signed the quit claim deed and gave the property to you, the transfer is final. if she is changing her mind later and is claiming the property back, it may be impossible or extremely difficult to undo the deed unless you, being the grantee agrees to quit claim the property back to her.
she would have to prove that the transfer was invalid, for example she has signed the deed under some pressure.