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Can/Should I file suit or not?

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jTTi

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


Hello,
I am divorced and I own a house that I am essentially paying for twice. All of this went donw while I was still married. The house was my Ex MIL's house. She couldnt take care of it and asked if my wife (now my Ex wife) and I would take it over. There is no contract; it was all verbal. Our agreement was I would pay the back taxes up to date (apx. $2500) and pay my MIL $400 per month until my she was paid $30,000 total for the property. After the $30,000 was paid the property would be transfered into our names. Again this was all verbal.

Well it turns out even though the deed was in her name she didnt legally own the property. My MIL bought the house from her step father's family. There were no banks involved. The payment plan was through the family (step father and his brother and sister). She technnically defaulted on the agreement in the mid nineties. But, they never threw her out or did anything until they found out my family was living there. We moved in early 2004 and were approached late summer of 2008. We were told that we were either going to buy the property or vacate the property. I negotiated with the family and we bought the property. I didnt want to uproot my family. If I had it to do over again I would have walked away. But hindsight is always 20/20. I had paid a total of about $26,000 into the verbal agreement with my MIL.

My MIL has promised me she would pay me back but has never given me anything. The only proof I have is the cancelled checks made out to her and to the tax claim office.

Do I even have a case? What are my options? I was told at the very least to take her to the local magistrate and see if I can be awarded something there. Any advice other than: Do not buy a property from family? Ive heard that advice enough for it to sink in already.
 


Antigone*

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


Hello,
I am divorced and I own a house that I am essentially paying for twice. All of this went donw while I was still married. The house was my Ex MIL's house. She couldnt take care of it and asked if my wife (now my Ex wife) and I would take it over. There is no contract; it was all verbal. Our agreement was I would pay the back taxes up to date (apx. $2500) and pay my MIL $400 per month until my she was paid $30,000 total for the property. After the $30,000 was paid the property would be transfered into our names. Again this was all verbal.

Well it turns out even though the deed was in her name she didnt legally own the property. My MIL bought the house from her step father's family. There were no banks involved. The payment plan was through the family (step father and his brother and sister). She technnically defaulted on the agreement in the mid nineties. But, they never threw her out or did anything until they found out my family was living there. We moved in early 2004 and were approached late summer of 2008. We were told that we were either going to buy the property or vacate the property. I negotiated with the family and we bought the property. I didnt want to uproot my family. If I had it to do over again I would have walked away. But hindsight is always 20/20. I had paid a total of about $26,000 into the verbal agreement with my MIL.

My MIL has promised me she would pay me back but has never given me anything. The only proof I have is the cancelled checks made out to her and to the tax claim office.

Do I even have a case? What are my options? I was told at the very least to take her to the local magistrate and see if I can be awarded something there. Any advice other than: Do not buy a property from family? Ive heard that advice enough for it to sink in already.
This is too big for small claims. Let me ask you this, if you did get a judgement against your MIL, does she have assets or liquidity that would enable her to pay you back?
 

jTTi

Member
This is too big for small claims. Let me ask you this, if you did get a judgement against your MIL, does she have assets or liquidity that would enable her to pay you back?
I have no idea if she has anything or not. She had a hip replacement and is currently on disability. She's is in her early fifties. I am asking more for if I should try to get something from small claims. even if I tried to get some of the money back. It would be better to get something instead on nothing. But I also know with her not currently working is probably will only be a judgement.
 

davidmcbeth3

Senior Member
I have no idea if she has anything or not. She had a hip replacement and is currently on disability. She's is in her early fifties. I am asking more for if I should try to get something from small claims. even if I tried to get some of the money back. It would be better to get something instead on nothing. But I also know with her not currently working is probably will only be a judgement.
have a lawyer write a payment schedule with her so that she acknowledges the debt .... then when she does not pay, you have an iron clad case.
 

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