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  #1  
Old 12-05-2005, 01:39 AM
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Join Date: Dec 2005
Posts: 3

Ahhh Everything has gone wrong


I live in Long Beach, California

I may be posting in the wrong forum and I'm sorry about that... I'm not very sure where this should go..

My problem is my step father passed away, my mothers husband and her house was in her and his name. When he died we were being harassed by companies saying we owe money we didn't and my grandfather had a suggestion that we temporarily move her house into his name until everything is worked out and back to normal. My mother is sick and everything that was going on was terrible. So my mother quick deeded her house to her father until things were ready to get back to normal. She quick deeded it about 2 years from today. My mother about 3 weeks ago asked for her house back because she wanted to start fixing up the house because with all the trauma the house has kind fallen apart. He now refuses to give back the house because he's broke. Basically his plan for his retirement was selling his own house for 2 Million because that’s what his houses go for in his neighbor hood. His other daughter was having twins and has 4 children now and needed a larger house and couldn't pay 2 million, they could only afford 700k that's including her husband borrowing 300k from his mother. And he couldn't qualify for anything over 350k. My grandfather's refused to say no, and sold them the house for that and basically needs our house to retire on the equity. HE has paid the mortgage off at 70k after my mother has put in 280k and the house value is approx 700k in our area. When my mother quick deeded she didn't have him pay for anything, it was suppose to be a temporary issue however since my grandfather made his mistake he is backing out on what he promised me and my sister and mother and is going to use the house for him. He's also put our house into his trust under his other daughter’s name. I really hope things can fixed because this was our last asset since he passed and we've been struggling on barely any money since my other grandparents my step father's parents stopped paying for his life insurance even though we only asked him to help for like 3 months when my step father got sick basically leaving us only with the house. If anyone can give me some information it would be great. My mother is so sick and she can't handle this issue, I'm trying to help her as much as I can and I can't even afford a lawyer.

Thanks so much for reading my post,

-Robert
  #2  
Old 12-05-2005, 06:25 AM
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Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Unless there was a purchase contract with specific provisions relating to the retransfer of the home, your mother doesn't own a home, doesn't have a chance of getting the home back and can't show any reason why a court should allow her to have the home back.

Also, that little transfer she made two years ago? If the creditors get wind of it what do you think they might to do mom?

I'll let you think about that one for a bit.
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  #3  
Old 12-05-2005, 07:36 AM
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Join Date: Dec 2005
Posts: 3

no money was owed


There were no debts other than people trying to get money off my mother for a company that went bankrupt because of the death of my step father. After a couple of months everything was dropped not due to the house being transferred but me talking to them about the situation. This wasn't a transfer to get away from mass amount of debts that were owed, but more of people not understanding bankruptcy laws.

Now back to my main question of help about getting the house back... What if we have him deposition and he admits that he swore to sign it back after a short period of time. Will that hold up in court at all? Can you honestly tell me there is no way, especially where my mother was in a different state of mind due to the death of her husband?

Last edited by Panic36; 12-05-2005 at 07:39 AM.
  #4  
Old 12-05-2005, 07:49 AM
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Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Quote:
Originally Posted by Panic36
There were no debts other than people trying to get money off my mother for a company that went bankrupt because of the death of my step father. After a couple of months everything was dropped not due to the house being transferred but me talking to them about the situation. This wasn't a transfer to get away from mass amount of debts that were owed, but more of people not understanding bankruptcy laws.

Now back to my main question of help about getting the house back... What if we have him deposition and he admits that he swore to sign it back after a short period of time. Will that hold up in court at all? Can you honestly tell me there is no way, especially where my mother was in a different state of mind due to the death of her husband?
Unless you take this 'document' to a real estate attorney and this attorney can somehow 'force' the execution of said document, there are no reasons stated in your post which would require the transfer of the home back to mom.

We can't litigate a case on the internet and you have provided no facts which would sustain a fraudulent transfer or undue influence case.
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