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Gifted a house

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MHenney

Member
What is the name of your state?Illinois
In January of 2018 we were gifted a house from our neighbor. She couldn’t afford her bills and was going to lose her house. She said she didn’t want the house going to someone she don’t know. We told her she needed to be sure and asked her to think about it. She still wanted to do it in March so we went ahead with it. We didn’t ask her to leave and we paid all her bills for her. We took her to all her doctors appts and anything she asked we gave. From life insurance to cable to utilities. Almost 2 years later know and she filed a claim for fraud? Will we lose the house? We took a mortgage out on it and have been paying on time but we can’t just give the house back because we don’t have enough to pay off the mortgage. I’m really nervous. She loves filing lawsuits this neighbor but we didn’t know that when we agreed to take the house.
 


MHenney

Member
What is the name of your state?Illinois
In January of 2017 we were gifted a house from our neighbor. She couldn’t afford her bills and was going to lose her house. She said she didn’t want the house going to someone she don’t know. We told her she needed to be sure and asked her to think about it. She still wanted to do it in March so we went ahead with it. We didn’t ask her to leave and we paid all her bills for her. We took her to all her doctors appts and anything she asked we gave. From life insurance to cable to utilities. Almost 2 years later know and she filed a claim for fraud? Will we lose the house? We took a mortgage out on it and have been paying on time but we can’t just give the house back because we don’t have enough to pay off the mortgage. I’m really nervous. She loves filing lawsuits this neighbor but we didn’t know that when we agreed to take the house.
She is around 65 now. She was already leaving me the house in her will. We did only a quick claim deed because we didn’t know any better at the time.
 

zddoodah

Active Member
Almost 2 years later know and she filed a claim for fraud?
Despite your use of a question mark, this sentence is not a question. If you intended a question, I cannot discern what you intended to ask. If the question mark is there in error, with whom did she file this "claim for fraud"?

Will we lose the house?
No one here has any conceivable way of knowing because no one here is privy to any evidence.

I'm going to guess that this woman may not have all her faculties about her and/or that some family member has taken control of things and believes you did something improper. If you've been sued, I strongly suggest retaining an attorney ASAP.
 

quincy

Senior Member
She is around 65 now. She was already leaving me the house in her will. We did only a quick claim deed because we didn’t know any better at the time.
The house is in your name (is on the deed) and you have a mortgage on the home in your name? Is the deed recorded?

What is the woman’s basis for her claim of fraud? What spurred the lawsuit? What has changed in your relationship to the woman?

Does the woman have a lawyer representing her in the lawsuit?

If you have been served with a summons and complaint, you must respond to the suit. Because you potentially risk losing the house and your investment in it, you should hire an attorney in your area to handle this matter for you.
 

gryndor

Member
Almost 2 years later know and she filed a claim for fraud?
Despite your use of a question mark, this sentence is not a question. If you intended a question, I cannot discern what you intended to ask.
In the vernacular, this implies that MHenney is concerned and confused by the woman's claims of fraud. S/He is looking for help to protect him/herself against any possible action that this woman may take.

Are you being a stickler, or do you really have no idea?
 

MHenney

Member
The house is in your name (is on the deed) and you have a mortgage on the home in your name? Is the deed recorded?

What is the woman’s basis for her claim of fraud? What spurred the lawsuit? What has changed in your relationship to the woman?

Does the woman have a lawyer representing her in the lawsuit?

If you have been served with a summons and complaint, you must respond to the suit. Because you potentially risk losing the house and your investment in it, you should hire an attorney in your area to handle this matter for you.
Sorry just seen your question. It is in my husband name. The deed is recorded. I have no idea why she’s doing this. My only thought is because we tried to get her to be more social and have friends and she made one that is putting things in her head. Her lawyer sent us a letter saying they are going to sue us for fraud, punitive damages, and legal fees.
 

MHenney

Member
Yes we did take a mortgage. We had some family things come, our father in law was diagnosed with cancer and it was very serious so we had to fly overseas. We have paid at least 20k in her bills.
 

quincy

Senior Member
Sorry just seen your question. It is in my husband name. The deed is recorded. I have no idea why she’s doing this. My only thought is because we tried to get her to be more social and have friends and she made one that is putting things in her head. Her lawyer sent us a letter saying they are going to sue us for fraud, punitive damages, and legal fees.
So, to date you have only received a letter from an attorney with a threat to sue? You have not been sued?

I recommend you have the attorney letter, and the facts of the property “gift,” personally reviewed by an attorney in your area. Have this review BEFORE you respond to the woman’s attorney. You need to see where you stand legally against these threats.

It is too bad that you and the woman did not have attorneys involved in the deed transfer at the beginning.
 

MHenney

Member
So, to date you have only received a letter from an attorney with a threat to sue? You have not been sued?

I recommend you have the attorney letter, and the facts of the property “gift,” personally reviewed by an attorney in your area. Have this review BEFORE you respond to the woman’s attorney. You need to see where you stand legally against these threats.

It is too bad that you and the woman did not have attorneys involved in the deed transfer at the beginning.
Thank you for your advice Quincy.
 

not2cleverRed

Obvious Observer
So, to date you have only received a letter from an attorney with a threat to sue? You have not been sued?

I recommend you have the attorney letter, and the facts of the property “gift,” personally reviewed by an attorney in your area. Have this review BEFORE you respond to the woman’s attorney. You need to see where you stand legally against these threats.

It is too bad that you and the woman did not have attorneys involved in the deed transfer at the beginning.
I think they should also tally their expenses. After all, my neighbor doesn't pay my utilities.
 

quincy

Senior Member
I think they should also tally their expenses. After all, my neighbor doesn't pay my utilities.
MHenney will want to show receipts for the insurance payments and utility payments and all others expenses paid by MHenney and her husband for the benefit of the neighbor.

The fact that MHenney was able to get a mortgage is encouraging.
 

zddoodah

Active Member
I'll ask again: with whom did she file the "claim of fraud"? In post #8 in the thread, you imply that no lawsuit has been filed.
 

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