legal owner

[PSE]

What is the name of your state (only U.S. law)? Oklahoma. Hello, where to began? My dad and mom owned 15 acres some of it was restricted indian and some is not. he passed in 1995. Will was invalid, but my brother and two sisters knew the property would divided equally. My mother lived in a house on one acre, after she passed we sold house and the acre so that left us three and a half acres per sibling. I have lived on the property for 30 years. In 2007 my siblings sold their property to a niece and she used it to get a loan, which now is in foreclosure I was served a summons and it says she had eleven and a half acres that was being taken. MY question is how did she put up eleven and a half when she only owned ten and a half acres so she wont return my calls so i am assuming some how she has got my some of my property in foreclosure to, cant afford to hire an attorney so i guess i just lose what is legally mine.

 

[OHRoadwarrior]

She cannot put up your property, if it has been titled to you. I also question whether indian land can be foreclosed on. You need to discuss what occurred with her. If your land is tribal, check with an elder about foreclosure laws.

 

[PSE]

as far as a deed i have talked to the indian department they said the final decree was a deed, but i have been asked my friends attorney where my deed was. I am confused about the transaction when i checked online for owner of prorperty it showed her and her husband own eleven and a half acres and doesnt show anyone else. why would my brother and sisters all get summons if it was done legally? I have talked to her the day i got served and she said it had nothing to do with me then i said then why was i served? I have called her numerous times and left messages asking her how do you figure you have eleven and a half acres! you dont unless you have done something illegal. She does not return my calls, so i have called the mortgage company and their attorneys to try to get information and i have gotten no where. Any suggestions on where or what i should do now. I know i cannot afford to hire an attorney.

 

[OHRoadwarrior]

Check online and see what the description of the lots are from where they originally were. I suspect there has been some error or intentional plotting, breaking up the tribal and non tribal lands. This may have resulted in an uneven distribution.

 

[PSE]

I already have and it gives legal description same as it does on all my dads probate papers. On the summons it shows their were errors in the legal description and ineffective warranty deed. I think that should be their problem, i would think they would of checked all the legal documents out before making a loan on it, it is considered farm land so it has always had a low appraisal and they made a loan of $77,704.13 almost sounds like a scam to me. well thank you for your thoughts my brain is drained at this point and just sleep on it and start again tomarrow. Thank you for your help

 

[nextwife]

How was the 3 parcel land division done? Was a legally seperate tax parcle created and a new certified survey map recorded? Exactly how did the three acres get determined and decribed on the conveyance docs? Were surveys done, and the parcels properly defined and described?