Joint tenancy with mom, but i'm paying off mortgage. Can I ask for help?

[munster202]

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

I have been paying off the family house for the last 4 years. The deed has my name and my mother's name. The mortgage only has my name. I have 2 sisters and a mother living in the house, I do not live there. I would like to get help paying off the mortgage from my family who is living there.

Can I legally ask my mother to pay for half of the mortgage since her name is on the deed?
Can I legally ask my sisters to pay rent? How can we decide who lives in the house?
Is there any way I can get full custody of the house. My mom is trying to convince me to take my name off the deed, and I'm afraid that she may be getting scammed and the money will go to the scam artist.

This has been going on for a while, and has recently escalated because my family is threatening to not go to my wedding if I don't take my name off of the deed. I will not comply, and am wondering what my legal options are. I no longer care if they go to the wedding, but want to make sure they stop taking advantage of me.

Thanks for your responses in advance!

 

[Zigner]

You are free to ask. They are free to decline.

 

[FlyingRon]

You can certainly ask mom, but she is under no obligation to give you any help.
You can ask your sisters to pay rent, but if mom allows them to live there rent-free, you can't do much about it.
You can ask your mother to deed the property to you, but she would probably be foolish to do that. You can't make her.
You would be incredibly stupid to deed the property away if you are still responsible for the mortgage on it. If mom wants you off the deed, she needs to do something about the loan.


How did your mother come to be on the deed to begin with? How did you get on the deed? How is it the mortgage is only in your name?
It's hard to give you any further advice with all the missing details on it

 

[munster202]

You can certainly ask mom, but she is under no obligation to give you any help.
You can ask your sisters to pay rent, but if mom allows them to live there rent-free, you can't do much about it.
You can ask your mother to deed the property to you, but she would probably be foolish to do that. You can't make her.
You would be incredibly stupid to deed the property away if you are still responsible for the mortgage on it. If mom wants you off the deed, she needs to do something about the loan.


How did your mother come to be on the deed to begin with? How did you get on the deed? How is it the mortgage is only in your name?
It's hard to give you any further advice with all the missing details on it

Thanks for the reply!

The house was bought in 2000 by my parents. They were paying the mortgage (with the help of the children) and refinanced in 2008ish. In early 2011 I added my name to the deed and refinanced the loan to be under my name (I was trying to be a good son and provide financial support). At the time, the mortgage balance was 260k, and the actual value of the house was also 260k. Since then my father passed away in 2012. The house is now estimated at 500k, the remaining balance on mortgage is 220k. My mom would like me off the deed because she claims that I stole the house from her in the first place, and she wants to be able to provide for her daughters.

Based on your reply, I'm a bit screwed when it comes to asking for financial help to pay off the house. I plan on moving back in November, after my marriage. It also sounds like I can't ask for rent, if my mom allows them to live for free.

Here's the kicker, since 2011, my mother has taken money from my sisters and an uncle who lived there, and I didn't see any of it. I just found out it was going on. Anything I can do about that? She accepted $200/month from my uncle, and $650/month from my sister.

 

[Zigner]

Here's the kicker, since 2011, my mother has taken money from my sisters and an uncle who lived there, and I didn't see any of it. I just found out it was going on. Anything I can do about that? She accepted $200/month from my uncle, and $650/month from my sister.

You are free to ask for any portion of that money that you wish. They are free to decline.

 

[Zigner]

Why did you delete your other thread?

 

[munster202]

Why did you delete your other thread?

I'm not sure what you're talking about. This is my first time posting in this forum.

 

[latigo]

Thanks for the reply!

The house was bought in 2000 by my parents. They were paying the mortgage (with the help of the children) and refinanced in 2008ish. In early 2011 I added my name to the deed (?) and refinanced the loan to be under my name (?) (I was trying to be a good son and provide financial support). At the time, the mortgage balance was 260k, and the actual value of the house was also 260k. Since then my father passed away in 2012. The house is now estimated at 500k, the remaining balance on mortgage is 220k. My mom would like me off the deed because she claims that I stole the house from her in the first place, and she wants to be able to provide for her daughters.

Based on your reply, I'm a bit screwed when it comes to asking for financial help to pay off the house. I plan on moving back in November, after my marriage. It also sounds like I can't ask for rent, if my mom allows them to live for free.

Here's the kicker, since 2011, my mother has taken money from my sisters and an uncle who lived there, and I didn't see any of it. I just found out it was going on. Anything I can do about that? She accepted $200/month from my uncle, and $650/month from my sister.

Well here is another "kicker"!

You tell us that in 2000 your parents acquired a deed to the subject property by means of a purchase money mortgage. From which information we can reasonably assume that your parents are named as the sole grantees on that deed. Meaning you are not a named grantee on your parents' deed.

Yet you keep repeating that in 2011 YOU "added your name to the deed". Now would you care to explain just how you managed to accomplish the impossible? That is, how did you derive a deeded interest in the property without there being a separate deed of conveyance to you executed by all the then recorded owners of the property?

ALSO, please explain this curious refinancing business wherein you claim to have obtained a loan secured by a mortgage upon property jointly owned you and your mother and yet you are telling us that she is not a party to the mortgage contract and note; that her undivided partial ownership in the home is not subject to that mortgage?! That if the mortgage lien should go into foreclosure, the lender or whomever purchases it at foreclosure ends up sharing the house with your mother?

 

[munster202]

Well here is another "kicker"!

You tell us that in 2000 your parents acquired a deed to the subject property by means of a purchase money mortgage. From which information we can reasonably assume that your parents are named as the sole grantees on that deed. Meaning you are not a named grantee on your parents' deed.

Yet you keep repeating that in 2011 YOU "added your name to the deed". Now would you care to explain just how you managed to accomplish the impossible? That is, how did you derive a deeded interest in the property without there being a separate deed of conveyance to you executed by all the then recorded owners of the property?

ALSO, please explain this curious refinancing business wherein you claim to have obtained a loan secured by a mortgage upon property jointly owned you and your mother and yet you are telling us that she is not a party to the mortgage contract and note; that her undivided partial ownership in the home is not subject to that mortgage?! That if the mortgage lien should go into foreclosure, the lender or whomever purchases it at foreclosure ends up sharing the house with your mother?

Perhaps I have my terminology mixed up.. In 2013 (not 2011) me and my mother signed a bunch of paperwork: Grant Deed, Affidavit of Joint Tenancy, Affidavid Death of Joint Tenant, and a Deed of Trust. What all this means, I'm not exactly sure, but the idea was to refinance under my name (I have better credit and could get a better APR), and have me pay off the house, while not changing my mother's status of ownership of the property.

The Grant Deed says: me, a single man and mom, surviving joint tenant hereby grant to me, a single man, and mom, a unmarried woman as joint tenants
Death of joint tenant says my father is no longer with us, lets take name off
Deed of Trust says: borrow is me, a single person, and mom, a single person.. borrower has promised to pay this debt in periodic payments and to pay in full by blah.

So, I'm obviously confused, that's how I ended up here. The paperwork looks like the borrowers are both me and my mom, but when talking with the mortgage company, they said that my name was the only one they saw.

I could use help asking the right people the right questions. Should I talk to the bank that loaned me the money, or the title company? What should I be asking them in particular, am I the only person responsible to pay off this house?

Thanks for bearing with me.

 

[FarmerJ]

as far as your upcoming wedding , congratulations ! as far as other family members attending or not , if they threaten to not come again I guess, too bad for them , I would not be inclined to cave in. As far as your mom goes if your the only person on the mortgage then I suggest you add up all the payments you made and see what they come to and if you can live with out the money then tell her to get a new mortgage. If she cant or wont and the others still try to have some say in the matter then tell them to get a mortgage of their own in order to buy the home . Do not sign any more documents any of them present to you with out having your attorney review them. If you do not have a attorney then use the links above to locate a local attorney when you are ready to consult with one or if the time comes that there is paperwork your mom & sibs want you to sign to have them looked at.

 

[OK-LL]

From the jumbled descriptions of the documents, it sounds like you inherited an interest in the house when your father died (because you and your mother quit claimed the house to you and your mother). It also sounds like your mother is on the hook with you for the mortgage; if that is the case, you can certainly ask/sue her for contribution to the mortgage. You can also ask/sue her for a share of the rents she has received from your sisters and uncle. If you want to disentangle yourself from the family mess, you can sue for partition your interests in the house and you and your mother will be required to sell the house and split the profit (sales price minus mortgage payoff).

Based on your descriptions of the various documents involved, you should consult a real estate attorney to determine your interest in the property.