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Family in Crisis

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Jewelie12

Junior Member
What is the name of your state? PA
However question is dealing with Grandparents in AZ

Last weekend my sister and my grandmother put down a $10,000 deposit on a new construction home without the consent or knowledge of my grandfather. My grandmother was able to secure a $40,000+ home equity loan to secure her deposit, among paying off her debt -through the builder's lender. However, my grandfather has no knowledge of this HELOC! :eek: I thought both owners would need to consent to a loan against a property. Correct? :confused:

Second question: my grandmother intends to sell her current home, again without the consent or knowledge of my dying grandfather :mad: who wishes not to move and has said repeatedly he does not want to sell his home. She can not legally list the home for sale without his consent right? As she doesn't intend to tell him unless he is still alive when they need to move. :eek:

Lastly, my grandmother believes she will make a 200K profit from the sale of her home and intends on placing this money down on the new home in which she will share with my sister and her family. My family does not feel that my sister should benefit from my grandparents equity as she is bringing no money to the table, and when my grandparents do die she is also an owner of the home. (my sister is obviously using them to get a leg up on her 1st home...luxury home at that.) My gransparent's 6 children are livid at this decision and wants to know if legally they can stop this transaction? If they can not stop this transaction, how can the deed be written that the 200K+ would be left to her 6 children as intended and not to my sister whom would also own the home.

Your advice is greatly appreaciated. Thank You.
 


Are you a little bit ahead of yourselves? Money is Mom's to spend for her own life even if Father dies. In other words it 'ain't' yours yet so stop spending it. Unless Mom is incompetent she can do what ever she wants with HER money and assets.
 

BelizeBreeze

Senior Member
Jewelie12 said:
What is the name of your state? PA
However question is dealing with Grandparents in AZ

Last weekend my sister and my grandmother put down a $10,000 deposit on a new construction home without the consent or knowledge of my grandfather. My grandmother was able to secure a $40,000+ home equity loan to secure her deposit, among paying off her debt -through the builder's lender. However, my grandfather has no knowledge of this HELOC! :eek: I thought both owners would need to consent to a loan against a property. Correct? :confused:
And any answer would entirely depend on the status of the home used for the equity loan. Was it marital property, separate property, inheritance ....
Second question: my grandmother intends to sell her current home, again without the consent or knowledge of my dying grandfather :mad: who wishes not to move and has said repeatedly he does not want to sell his home. She can not legally list the home for sale without his consent right? As she doesn't intend to tell him unless he is still alive when they need to move. :eek:
Again, it depends ENTIRELY on how the deed is written and a host of other legal standing questions, such as does she have POA over his accounts.
Lastly, my grandmother believes she will make a 200K profit from the sale of her home and intends on placing this money down on the new home in which she will share with my sister and her family. My family does not feel that my sister should benefit from my grandparents equity as she is bringing no money to the table, and when my grandparents do die she is also an owner of the home. (my sister is obviously using them to get a leg up on her 1st home...luxury home at that.)
irrelevant. Lividness is not grounds to state legal standing.
My gransparent's 6 children are livid at this decision and wants to know if legally they can stop this transaction?
Again, that's not a question that can be answered with only the facts as supplied.
If they can not stop this transaction, how can the deed be written that the 200K+ would be left to her 6 children as intended and not to my sister whom would also own the home.

Your advice is greatly appreaciated. Thank You.
That is a matter between your grandmother and whomever she wishes to be in partnership with. At this point, it's moot because of the other issues that need to be resolved.
 

Jewelie12

Junior Member
freespeech said:
Are you a little bit ahead of yourselves? Money is Mom's to spend for her own life even if Father dies. In other words it 'ain't' yours yet so stop spending it. Unless Mom is incompetent she can do what ever she wants with HER money and assets.

The FACT of the matter is Grandfather is STILL ALIVE! We are not out to "spend" their money although that is what my sister is doing, and why we are trying to protect them so they will have money to live. They are buying a home in which the lender says "they are approved for" not what they can actually afford to pay! I am a real estate agent in PA and I do not know the laws of AZ or how deed can be written in that state. I am asking for help not sarcasm.

The deed is written as tenants in entirety.... which means they both own it. Isn't what this lender has done, against the law? And no, she does not have POA.
 

BelizeBreeze

Senior Member
Jewelie12 said:
The FACT of the matter is Grandfather is STILL ALIVE! We are not out to "spend" their money although that is what my sister is doing, and why we are trying to protect them so they will have money to live. They are buying a home in which the lender says "they are approved for" not what they can actually afford to pay! I am a real estate agent in PA and I do not know the laws of AZ or how deed can be written in that state. I am asking for help not sarcasm.

The deed is written as tenants in entirety.... which means they both own it. Isn't what this lender has done, against the law? And no, she does not have POA.
You have been approved for and actually getting the loan are two entirely different things.

What you need to do is to answer ALL of the questions I posed or find an attorney for dad in Arizona to handle the matter.
 

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