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Taking back a gift

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T

thelpguy

Guest
Hello, this occurred in the state of PA. I will try and keep it short and to the point. I bought a house from my wife's step-father. (He holds the note and the mortgage was done through an attorney) Thinks between the step-father and I went real bad. I went to work for him and we opened a business together. In the end I had to get an attorney and it got nasty but in the end he wrote me a check. Now back to the house. After I had the mortgage for about 6 months, he told me I did not need to make any payments for the next 6 months so I could do some repairs on the house. This was his old family place that we bought after his mother died. Now we have moved and are selling the house. We are to close the 13th of next month. He is now adding back in the 6 months worth of payments we did not have to make before. What if any recourse do I have? Just eat it and pay it and chalk it up to life or what? As a side note when we bought the house he left if full of his deceased parent belonging and a lot of his old stuff. After months of nagging he never did anything with the junk. Most we gave to the Salvation Army the rest my wife's mother rented a storage building and we spent a few weeks moving what would be considered the "good junk" down to it for him. Can we bill him for the labor and the years worth of storage now?? Thanks!
 


I AM ALWAYS LIABLE

Senior Member
My response:

Any gifts or forebearances having to do with, or concerning, real estate and mortgage payments, must be in writing to conform with your States "Statute of Frauds." If it's not in writing, then you're out of the ballpark. So yes, since your mortgage with your father-in-law is in writing, and your "gift" of 6 months of not having to make payments wasn't in writing, he has every right to add back that money.

Insofar as the storage of his personal property is concerned, again, if there wasn't a writing concerning storage charges, you can't charge him now - - for anything you do with that property.

Good luck to you.

IAAL
 

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