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My Dad trying to Fruadulently buy maritial properties

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Joe Oleary

Junior Member
What is the name of your state (only U.S. law)? South Carolina

I am wondering if anyone knows any case law that can help my mother. She was divorced from my dad in April 2008. They were ordered to sale the maritial properties and put them on the market immediatly. My dad was supose to pick 3 realtors and my mom would choose one and he would have it listed for fair market value. He never made any steps towards doing so until my moms attorney filed a Rule To Show Cause and served him. My sister and him were both defendants and I was also, because of my dad putting property in our names but I was sided with my mother and my sister with my dad, we are both grown adults by the way. He right around when my mom's attorney filed the RTSC acted like my sister had signed some contracts to purchase both maritial properties for dirt cheap. At the time of the divorce one place was valued at $160,000 and the other place which was a house that my sister was and still is living in was valued at $115,000. But they are now claiming that the house my sister is living in is not any good at all and not worth anything, and she even wrote a letter to the original divorce judge that she had spent about $25,000 in that house and felt that she should have it in the divorce. But now they are trying to claim that it has no value. My sister is suposedly trying to buy both properties for $12,000 and the other for $18,000, they never officially listed it but they have a MLS number, I was told that they were both on the market for only one night. My mom's attorney is not allowing them to purchase them for that price saying in a new RTSC hearing that we are filing for now that my mother will pay $100 over each amount. My dad is saying no but I feel that it is only because him and my sister are only wanting it to cheat my mother. He has had some bogus realtor come out and write up a letter confirming their very low values, but land in that area goes for more than that. I feel that if the house my sister is living in that is maritial was worth $115,000 at the divorce in 2008 and if the house has no value now then my sister should be responsible for making it non valuable. Does anyone have any past cases or whatever that may help. My dad is saying my mom can't buy the two places because my sister already signed contracts to buy but I feel that they are only trying to cheat mama so mama should be able to buy them since she is half owner. Any past cases or laws for South Carolina that can be of any help PLEASE, my dad is very crazy and deceptive and wants to see my mother with nothing. We had to pay for twon different appraisals before court because my dad trys to talk to everyone that goes out there and talks bad about the land and houses, making up I don't know what, I had one good appraiser that I had a neighbor go to the properties with and my dad was not home to pursuade them either way and that is the figures that we went to court with.
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? South Carolina

I am wondering if anyone knows any case law that can help my mother. She was divorced from my dad in April 2008. They were ordered to sale the maritial properties and put them on the market immediatly. My dad was supose to pick 3 realtors and my mom would choose one and he would have it listed for fair market value. He never made any steps towards doing so until my moms attorney filed a Rule To Show Cause and served him. My sister and him were both defendants and I was also, because of my dad putting property in our names but I was sided with my mother and my sister with my dad, we are both grown adults by the way. He right around when my mom's attorney filed the RTSC acted like my sister had signed some contracts to purchase both maritial properties for dirt cheap. At the time of the divorce one place was valued at $160,000 and the other place which was a house that my sister was and still is living in was valued at $115,000. But they are now claiming that the house my sister is living in is not any good at all and not worth anything, and she even wrote a letter to the original divorce judge that she had spent about $25,000 in that house and felt that she should have it in the divorce. But now they are trying to claim that it has no value. My sister is suposedly trying to buy both properties for $12,000 and the other for $18,000, they never officially listed it but they have a MLS number, I was told that they were both on the market for only one night. My mom's attorney is not allowing them to purchase them for that price saying in a new RTSC hearing that we are filing for now that my mother will pay $100 over each amount. My dad is saying no but I feel that it is only because him and my sister are only wanting it to cheat my mother. He has had some bogus realtor come out and write up a letter confirming their very low values, but land in that area goes for more than that. I feel that if the house my sister is living in that is maritial was worth $115,000 at the divorce in 2008 and if the house has no value now then my sister should be responsible for making it non valuable. Does anyone have any past cases or whatever that may help. My dad is saying my mom can't buy the two places because my sister already signed contracts to buy but I feel that they are only trying to cheat mama so mama should be able to buy them since she is half owner. Any past cases or laws for South Carolina that can be of any help PLEASE, my dad is very crazy and deceptive and wants to see my mother with nothing. We had to pay for twon different appraisals before court because my dad trys to talk to everyone that goes out there and talks bad about the land and houses, making up I don't know what, I had one good appraiser that I had a neighbor go to the properties with and my dad was not home to pursuade them either way and that is the figures that we went to court with.
Let the attorney handle it. They can not sell the house at an unreasonably low price. If your mother's name is on the title, he can't sell without her approval (or a court order), anyway.

Her attorney had a good suggestion - if he thinks the houses are only worth $15 K, then she's offering more than that so he has no real reason for rejecting a higher offer.

If the facts are as you say, there's a pretty good chance that your mother will prevail.
 

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