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Help day of closing lien filed!

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B

BAS

Guest
What is the name of your state? Florida

I have an ex-boyfriend who has been living in my house. The mortgage and title are in my name only. However, his mother gifted the down payment to me on the house in April 2000. I lived in the house for three months and he was very abusive, so I left. He changed all the locks and threatened for me sign over the home. I tried to settle with him over the next year and a half and to get my belongings out of the house and to get the 4,000 I had put into the home (my money went for repairs and fixing up) and then sign over, however he refused to give me any money.
I gave him the option to buy it but he refused and then I gave him notice to vacate, stating I was going to sell the property, but nothing worked. He did not leave, he got and attorney who spoke to my attorney and said he would not negociate at all. I never proceeded to evict him because I got a buyer for the property. I never filed any legal eviction papers just gave notice to vacate.

Then I got a cash buyer to buy the house with the knowlegdge he would have to evict him. When I sent for the payoff figure from the bank they mailed the statement to my home, he opened it called his laywer and filed a lis pendence against me the same day I was suppose to close, the buyer's title agent got the news and postponed the closing. The title was clear when we signed the sale aggreement to purchase the property and nothing was filed until two days after, and because of the quick filing of the
lis pendence, they stopped the sale. My ex is claiming title to property because his mother gifted me the down payment of $25,000 and he has been paying my mortgage since I left two years ago. He has opened my mailed and been paying the mortgage late every month and totally destoyed my credit. I am not able to pay the mortgage on my house without living there because I have to pay rent where I am living now, but he would not leave made the payments late, and therefore I decided to sell it.

My closing attortney said he cannot help and that I need a litigation attorney and that I can not sell until this is cleared up which could take 6 months or longer. I need to close and sell now and the buyer still wants the property. This happened the same day of closing which was today 06/2002. How fast can I get this thrown out of court. I have do not any written aggreement with him or lease. Everything is in my name. Help....
What can I do and can I win this case?.........
 


JETX

Senior Member
You have some real problems here....
1) Lis penden.... this basically freezes your chance of sale of the property, until it is cleared.
2) Based on your post, it appears (to me) that your 'exe' would probably prevail in this case. This is due to the fact that YOU didn't post the $25k down (someone else did), and you haven't made payments for the last several years (someone else did).
3) Your only claim to the property is that $4,000 that you say was for "repairs and fixing up".

I would suggest that you make arrangements to either sell the property to them for the $4000 you have 'invested', or make arrangements to repay the $25,000 plus payments made plus equity.
 

HomeGuru

Senior Member
Halket said:
You have some real problems here....
1) Lis penden.... this basically freezes your chance of sale of the property, until it is cleared.
2) Based on your post, it appears (to me) that your 'exe' would probably prevail in this case. This is due to the fact that YOU didn't post the $25k down (someone else did), and you haven't made payments for the last several years (someone else did).
3) Your only claim to the property is that $4,000 that you say was for "repairs and fixing up".

I would suggest that you make arrangements to either sell the property to them for the $4000 you have 'invested', or make arrangements to repay the $25,000 plus payments made plus equity.
**A: I respectfully disagree due to the fact that the writer has sole title to the property. Therefore all the equity is hers less what others have paid in (down payment and mortgage payments) with the writer getting credit for fair market rental.
The settlment of this case must be negotiated due to the various issues.
 

JETX

Senior Member
HG is correct. Though I don't believe that my post went in to the issue of who had title.... only that the entire situation will require extensive negotiations in order to clear up any claims.

As I understand it:
1) You have 'invested' about $4,000 in the property, title in your name.
2) 'Ex' has 'invested' about 2 years of monthly payments, has possession of property.
3) Ex's mother 'invested' $25,000 down payment.

Depending on any agreement for repayment of the down payment (find it VERY hard to believe that this was just a 'gift'), you may have to repay this 'loan.

Also, depending on any agreement for repaying the monthly payments made, you may have to repay some of that money paid on your behalf (or it might be considered 'rent').

All in all, your only option for a 'quick' resolution is to arrange repayment of any of the claims being made (hopefully, from the sales money). If not able to negotiate a settlement, this will very probably require litigation for resolution.
 

JETX

Senior Member
Yep, we were both working in the same direction. I have made some suggestions to Mary (one was to block his ISP number), to try to prevent his return. Will see what happens.
 

JETX

Senior Member
HG is correct. Though I don't believe that my post went in to the issue of who had title.... only that the entire situation will require extensive negotiations in order to clear up any claims.

As I understand it:
1) You have 'invested' about $4,000 in the property, title in your name.
2) 'Ex' has 'invested' about 2 years of monthly payments, has possession of property.
3) Ex's mother 'invested' $25,000 down payment.

Depending on any agreement for repayment of the down payment (find it VERY hard to believe that this was just a 'gift'), you may have to repay this 'loan.

Also, depending on any agreement for repaying the monthly payments made, you may have to repay some of that money paid on your behalf (or it might be considered 'rent').

All in all, your only option for a 'quick' resolution is to arrange repayment of any of the claims being made (hopefully, from the sales money). If not able to negotiate a settlement, this will very probably require litigation for resolution.
 
B

BAS

Guest
What good is a title if someone gifts or loans you the money, and they get title to the property? Why have a title at all. Just because someone pays your mortgage or rents your property does this give them title to it? Why have a title? Do you rent your property and tell your landlord now you are the owner? This man has threatened me and will not let me into my own home. He has taken my papers on the house, changed the locks, intercepted my mail , payed all the mortgage payments late, and told me I am lucky to be alive and that he has not broken both my legs.

I have tried everything to compromise with this man but now, because I was trying to come to an agreement, afraid to go to my own home over all this time, he has title? Because I was afraid to go to the home and get my belongings of which he kept most of my stufff and refused to give me, because I have tried to be a civilized person and compromise with him, he gets title? I was told I cannot get him out of the house, I cannot change the locks, turn off the electric etc., because I was treating him as a tenant and read if you do this I could be liable for damages..... now he has title to my property? How does this work, anyone can take you property and a title means nothing.

What Florida statue of law govens this? I would really like to read it and find out what rights I have. It really makes no sense. Help....... What title do I have besides just a piece a paper?
 

JETX

Senior Member
"What good is a title if someone gifts or loans you the money, and they get title to the property?"

Please re-read the replies, because you have obviously misunderstood them. No one has said that you do not have legal title to the property.
And I have to assume you are misapplying possession to be title. They are not the same.

Simply, you have two people who feel that they have invested moneys into this property... and they feel that this gives them certain rights to the property, or return of their 'investments'. They feel strongly enough about this that they have filed a 'lis pendens' to prevent you from selling the property (and thereby removing their claims).

You now have three choices:
1) Get an attorney to negotiate with them to release their claims (and the lis pendens), or
2) Take them to court and plead your case. However, I believe the court will at the least order you to repay the $25,000 down payment made by the 'ex-in-law'.
3) Or let the property sit as it is (obviously not a choice you want).

One other option.... since you have been told that he is a 'tenant', have him served with eviction papers. Then, when he refuses to leave, file a 'Writ of Detainer' with the court to force him to vacate the property. Once he does, immediately change the locks. You will still have to resolve the 'lis pendens', but at least the property would be empty (and you would have to make payments).

None of these suggestions will be easy or without risk.
 
H

heygrape

Guest
Would hiring a attorney and filing a "Complaint for Partition" work in this case?
 

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