Please help me get my house back!!!!!!!!

[stra8up3]

What is the name of your state (only U.S. law)? california
23 years ago my parents had bought a house for myself and to raise my daughter in. After my parents died a few years back, the house went in my name. My daughter now 30 years old, who is some what mentally disadvantage and has 3 children. I made a huge mistake by giving the house to her and to raise my grand kids. I did this under conditions that she had agreed to not to sell it and that I would continue to live there on the property in my motor home, free utilities, indifferently. Well, it did not take long for her boyfriend to manipulate her some how into giving him the house in which he then sold it to his boss. Overnight they packed up, stole everything of mine and moved across the country. I am now being evicted and in dire need of an attorney to try to get the house back. I have no money but could pay after getting the house back and selling it. Please help me, I will be on the streets if I lose my house. I live in southern California.
Thank you for your time.

 

[Silverplum]

What is the name of your state (only U.S. law)? california
23 years ago my parents had bought a house for myself and to raise my daughter in. After my parents died a few years back, the house went in my name. My daughter now 30 years old, who is some what mentally disadvantage and has 3 children. I made a huge mistake by giving the house to her and to raise my grand kids. I did this under conditions that she had agreed to not to sell it and that I would continue to live there on the property in my motor home, free utilities, indifferently. Well, it did not take long for her boyfriend to manipulate her some how into giving him the house in which he then sold it to his boss. Overnight they packed up, stole everything of mine and moved across the country. I am now being evicted and in dire need of an attorney to try to get the house back. I have no money but could pay after getting the house back and selling it. Please help me, I will be on the streets if I lose my house. I live in southern California.
Thank you for your time.

This forum does not provide attorney referrals. You can use the "Find An Attorney" feature here on the site. You could also call your local Bar Association and request help. Try your local court house, also.

 

[Zigner]

I'm sorry to say it, but it's not your house. I would suggest that you find some place to move to.

 

[tranquility]

What is the name of your state (only U.S. law)? california
23 years ago my parents had bought a house for myself and to raise my daughter in. After my parents died a few years back, the house went in my name. My daughter now 30 years old, who is some what mentally disadvantage and has 3 children. I made a huge mistake by giving the house to her and to raise my grand kids. I did this under conditions that she had agreed to not to sell it and that I would continue to live there on the property in my motor home, free utilities, indifferently. Well, it did not take long for her boyfriend to manipulate her some how into giving him the house in which he then sold it to his boss. Overnight they packed up, stole everything of mine and moved across the country. I am now being evicted and in dire need of an attorney to try to get the house back. I have no money but could pay after getting the house back and selling it. Please help me, I will be on the streets if I lose my house. I live in southern California.
Thank you for your time.

You are not going to get the house back.

You may have rights to enforce the conditions if they were properly in the deed. If not, your main remedy is against your daughter for breach of contract. There could be some trust theory to keep the life estate even if it were not in a deed, but you are not going to get an attorney to litigate it without money.

I'm sorry.

 

[sandyclaus]

What is the name of your state (only U.S. law)? california
23 years ago my parents had bought a house for myself and to raise my daughter in. After my parents died a few years back, the house went in my name. My daughter now 30 years old, who is some what mentally disadvantage and has 3 children. I made a huge mistake by giving the house to her and to raise my grand kids. I did this under conditions that she had agreed to not to sell it and that I would continue to live there on the property in my motor home, free utilities, indifferently. Well, it did not take long for her boyfriend to manipulate her some how into giving him the house in which he then sold it to his boss. Overnight they packed up, stole everything of mine and moved across the country. I am now being evicted and in dire need of an attorney to try to get the house back. I have no money but could pay after getting the house back and selling it. Please help me, I will be on the streets if I lose my house. I live in southern California.
Thank you for your time.

Unfortunately, it's your HOME, but no longer your house. You had the right to live there as long as your daughter owned the property, but now that it's been sold, you no longer have that right. The conditions you state, unless they were IN WRITING, aren't going to make a difference here.

You would be correct in that you made a HUGE mistake. Unfortunately, that mistake is going to cost you the roof over your head. You may be able to delay the inevitable, but there isn't much chance of getting the house back unless you buy it yourself.

 

[stra8up3]

Really!!! I can get so screwed, from doing a good thing!!!!!!

At one point I had help from a lawyer who worked "pro-bono". He was certain that I could get the house back because my daughter breached the verbal contract. As he explained it to me, his house is in his name but he can not sell it because the bank still owns it. Anyways, he had filed a case against my daughter suing her for the house back but after he had seeming developed some health issues, I have been unable to contact him. Since then I missed a court date that I was unaware of until I received a notice in the mail from the court stating that the case was dismissed due to the fact that my daughter and I had not appeared. The way I figure is if I had been there, I would have won by default, correct?

 

[Antigone*]

At one point I had help from a lawyer who worked "pro-bono". He was certain that I could get the house back because my daughter breached the verbal contract. As he explained it to me, his house is in his name but he can not sell it because the bank still owns it. Anyways, he had filed a case against my daughter suing her for the house back but after he had seeming developed some health issues, I have been unable to contact him. Since then I missed a court date that I was unaware of until I received a notice in the mail from the court stating that the case was dismissed due to the fact that my daughter and I had not appeared. The way I figure is if I had been there, I would have won by default, correct?

Contact the lawyer who was helping you.

 

[Silverplum]

At one point I had help from a lawyer who worked "pro-bono". He was certain that I could get the house back because my daughter breached the verbal contract. As he explained it to me, his house is in his name but he can not sell it because the bank still owns it. Anyways, he had filed a case against my daughter suing her for the house back but after he had seeming developed some health issues, I have been unable to contact him. Since then I missed a court date that I was unaware of until I received a notice in the mail from the court stating that the case was dismissed due to the fact that my daughter and I had not appeared. The way I figure is if I had been there, I would have won by default, correct?

Y'know, yesterday I chickened out from giving you the full and correct answer because you seemed very upset (can't blame you) -- good thing the others were both brave and wise.

 

[nextwife]

If you wanted a GUARANTY of a life estate for yourself, you should have included one in your transfer.

Honestly, if your daughter is mentally challenged, why would you have thought she needed to be ON TITLE to live there, much less on title alone?

One needs to put Real estate agreements in writing to make them enforcable.

 

[sandyclaus]

At one point I had help from a lawyer who worked "pro-bono". He was certain that I could get the house back because my daughter breached the verbal contract. As he explained it to me, his house is in his name but he can not sell it because the bank still owns it. Anyways, he had filed a case against my daughter suing her for the house back but after he had seeming developed some health issues, I have been unable to contact him. Since then I missed a court date that I was unaware of until I received a notice in the mail from the court stating that the case was dismissed due to the fact that my daughter and I had not appeared. The way I figure is if I had been there, I would have won by default, correct?

As I'm aware of it, there's no such thing as an enforceable verbal contract when it comes to real estate transfers and sales.

Your daughter had every right to sell property that belonged to HER, unless there was something put in writing that said she couldn't. The only way the attorney's logic makes sense is if either YOU or the bank still owned the property. I'm assuming that you had owned it free and clear before you gave the house to her, otherwise the BANK wouldn't have allowed you to just give the house to her either.

And no, if you had been there in court, I'm pretty sure that the judge would have ruled against you anyway or rescheduled the hearing, because if you were represented by counsel, they could not have proceeded with out the attorney.

I would agree with you that it is pretty crappy that your daughter did this to you. Depending on what you mean by the term "mentally challenged", it could very well be that her husband took advantage of her lack of mental capacity to get her to transfer ownership to him, but that's a whole different matter entirely.

 

[Just Blue]

What is the name of your state (only U.S. law)? california
23 years ago my parents had bought a house for myself and to raise my daughter in. After my parents died a few years back, the house went in my name. My daughter now 30 years old, who is some what mentally disadvantage and has 3 children. I made a huge mistake by giving the house to her and to raise my grand kids. I did this under conditions that she had agreed to not to sell it and that I would continue to live there on the property in my motor home, free utilities, indifferently. Well, it did not take long for her boyfriend to manipulate her some how into giving him the house in which he then sold it to his boss. Overnight they packed up, stole everything of mine and moved across the country. I am now being evicted and in dire need of an attorney to try to get the house back. I have no money but could pay after getting the house back and selling it. Please help me, I will be on the streets if I lose my house. I live in southern California.
Thank you for your time.

Why would an intelligent parent deed a home to an

mentally disadvantage

child?

 

[Just Blue]

sigh...

After viewing OPs postings all I can say is

"Apples do no fall far from disadvantaged trees"

 

[tranquility]

If you had an attorney who thought he could get the house back from a bona vide purchaser for value, please provide his legal reasoning. To me, I'd say no way, not a chance. Anyone who says differently is a liar, a fool or someone who is way smarter than I.

I'm OK smart, so, stastically, I know my guess.

 

[stra8up3]

I bottomline, am looking for someone willing to provide me with legal help towards getting my house back.

 

[OHRoadwarrior]

I bottomline, am looking for someone willing to provide me with legal help towards getting my house back.

Your only potential argument is that your daughter is mentally incompetent and was taken advantage of, therefore deserves the return of any monies she received from the sale, taken from her. This helps you not. Further, it is doubtful any lawyer would take this type of speculatory case on anything less than a cash up front basis.