The didn't own the house they sold me

[lostintheozarks]

I'm in the state of Missouri. Three yrs. ago I purchased a home from my birth parents (i am an adoptee who found birth family). We paid cash for the property and because of the relationship I did not do a title search. The home had been theirs for nearly 20 yrs. After deciding to put the house into our childrens name we went to an attorney and he discovered that in 1992 my birthparents made a new title deed and put the house into the names of each of their children, myself included. So they sold me a house that they no longer owned. They claim and I believe them, that they thought they were making a will, not a title deed. This is possible due to lack of reading skills. I am now in the process of getting each of my 6 siblings to sign paperwork releasing their interest and putting the home into my childrens names. Now the problem is not everyone wants to sign, and spouses and ex-spouses are also a problem. The attorney that has been handling the paperwork is not very helpful, impossibe to contact, and hard to understand. Who is responsible for fixing this mess? Who do those siblings and ex-spouses go to for any payment they feel they might deserve? Will I be expected to pay them for a house I already paid for or is it the responsiblity of the ones who have already received payment? My birthparents are being very unhelpful and won't even discuss it. It is getting ugly. All I am after is peace of mind and full legal rights to the home I already paid for. Any guidence, suggestions would be greatly appreciated. Gosh I hate this. Thanks.

 

[HomeGuru]

I'm in the state of Missouri. Three yrs. ago I purchased a home from my birth parents (i am an adoptee who found birth family). We paid cash for the property and because of the relationship I did not do a title search.
**A: WRONG MOVE. You should have gotten a title search and attempted to get title insurance. Then you would have known the true facts.
If your birth parents had only this one property, I do not understand how there intention was to will the property to siblings AND sell the same property to you for cash.
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The home had been theirs for nearly 20 yrs. After deciding to put the house into our childrens name we went to an attorney and he discovered that in 1992 my birthparents made a new title deed and put the house into the names of each of their children, myself included. So they sold me a house that they no longer owned. They claim and I believe them, that they thought they were making a will, not a title deed. This is possible due to lack of reading skills.
**A: Ok, then if they thought they were making a will, where did the cash go that they got when you bought this property from them? How can they make a claim of only making a will when they actually sold the property to you for cash?
When a will is made, there is no cash involved at the time of the making.
**********

I am now in the process of getting each of my 6 siblings to sign paperwork releasing their interest and putting the home into my childrens names. Now the problem is not everyone wants to sign, and spouses and ex-spouses are also a problem.
**A: why am I not surprised.
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The attorney that has been handling the paperwork is not very helpful, impossibe to contact, and hard to understand.
**A: then fire that one and hire a new one.
**********

Who is responsible for fixing this mess?
**A: I'm sorry to say that you are.
********

Who do those siblings and ex-spouses go to for any payment they feel they might deserve?
**A: they go to an attorney to protect their rights since in the case of siblings, they still have an interest in theproperty. In the case of the ex-spouses, they may or may not have any interest in the property.
Of course, if you are in the Ozarks, would not the siblings an ex-spouses be the same people?
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Will I be expected to pay them for a house I already paid for or is it the responsiblity of the ones who have already received payment?
**A: the people that you need to resolve this problem are your birth parents
that sold you the property and got the cash.
*********

My birthparents are being very unhelpful and won't even discuss it. It is getting ugly. All I am after is peace of mind and full legal rights to the home I already paid for. Any guidence, suggestions would be greatly appreciated. Gosh I hate this. Thanks.

**A; I know that you did not tell us the entire history but in any case it appears that you need to file a partition lawsuit to get this matter resolved. It is a big mess.
Good luck to ya.

signed,

Mr. Hill Billy

 

[I AM ALWAYS LIABLE]

My response:

Assuming that your birthparents still have the money; i.e., that they haven't squandered it, you're going to have to sue them, and sue them for "rescission."

Rescission is a remedy that disaffirms the contract based upon certain, narrow, grounds - - one of them being "mistake."

The remedy assumes the contract was properly formed, but effectively extinguishes the contract ab initio (Latin for "from the beginning") as though it never came into existence; and its terms cease to be enforceable, thereby qualifying you for a refund of your monies paid to them.

If they don't have the money, and no other assets from which you can obtain repayment, then you're stuck - - and may, in fact, lose all of your money.

The heirs to the house are not obligated to sign any papers or deeds or quit claims to the house. They are not the ones who made the mistake. They have every right to insist on their share of the house.

I believe your birthparents cheated you, and knowingly cheated you, and I don't believe the "Will story" one bit - - but, that would be extremely difficult to prove. This theory is bolstered by the fact that you had said they won't even discuss the matter with you. If that was their "true" mistake, why won't they give your money back to you?

Your best bet would be to sue them for rescission of the contract.

IAAL