Lein on Home

[stella1122]

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

my husband and I gave my Dad and his wife the downpayment of $30K on our home with the understanding that we would have the house in your name within a certain time period, I pay the mortgage directly to the bank, Dad has since passed and I have discovered there has been 2 other loans in addition to the orignal taken on the house by his wife. Can I put a lien on the home ? Do I have any legal rights as to getting any money back.

thank you

 

[Zigner]

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

my husband and I gave my Dad and his wife the downpayment of $30K on our home with the understanding that we would have the house in your name within a certain time period, I pay the mortgage directly to the bank, Dad has since passed and I have discovered there has been 2 other loans in addition to the orignal taken on the house by his wife. Can I put a lien on the home ? Do I have any legal rights as to getting any money back.

thank you

Nope - but you can seek compensation based on your written contract. You're not going to get the house if the Wife doesn't want to do that.

 

[stella1122]

I do not have anything in writing all I have is the certified check made payable to my dad and it stats that the money was for the closing, So I am beat out of all our money. Thanks

 

[Zigner]

I do not have anything in writing all I have is the certified check made payable to my dad and it stats that the money was for the closing, So I am beat out of all our money. Thanks

No, you may be able to argue in court that this was NOT a gift, but rather, loan. Of course, this is NOT a small claims matter and you will need to speak with an attorney.

 

[stella1122]

Lein on home

I do appreciate all your help, But I am still confused, My stepmother said that she could not put us on the Deed nor could she do a quit deed, so I never questioned it until I found out she has a equity loan in addition to the 1st loan, all I want is either to be put on the deed and the loan be paid off, or I think I could just simply leave and she would be responsible, even though I lose the downpayment and 3 yrs of paying for this house that I quess we can not get anything back even in court.

 

[Zigner]

I do appreciate all your help, But I am still confused, My stepmother said that she could not put us on the Deed nor could she do a quit deed, so I never questioned it until I found out she has a equity loan in addition to the 1st loan, all I want is either to be put on the deed and the loan be paid off, or I think I could just simply leave and she would be responsible, even though I lose the downpayment and 3 yrs of paying for this house that I quess we can not get anything back even in court.

If you "loaned" the amount of the down payment, you *may* be able to recover that through court proceedings, IF you can prove it was a loan.

If you signed documents stating that you were "gifting" the money, it would be much more difficult.

 

[stella1122]

Lien on Home

We gave the money to them for us because our credit was not good enough to get a loan in our name so they said they could set it up with the bank and ,that the house would be put in there name, then In 3 years our credit should be better and they would do a quit deed, I have nothing stating it was a gift nor a loan. All of this was done verbally. So it really doesnot make a difference whether I pay direclty to the bank or not. We got screwed out of money and a house.

Thanks

 

[Zigner]

We gave the money to them for us because our credit was not good enough to get a loan in our name so they said they could set it up with the bank and ,that the house would be put in there name, then In 3 years our credit should be better and they would do a quit deed, I have nothing stating it was a gift nor a loan. All of this was done verbally. So it really doesnot make a difference whether I pay direclty to the bank or not. We got screwed out of money and a house.

Thanks

No, you attempted to commit fraud and were one-upped.

 

[stella1122]

Lein on House

What do you mean attempted to commit fraud, the bank was aware of what we were trying to do. and by 3 years we could afford to have the mortgage put it in our name. I was not trying to do anything wrong.

 

[nextwife]

Why did you bypass getting an updated title policy if you were placing a mortgage or buying a property? The reason title insurance exists is not only because people don't disclose what's against property, it's also because people frequently do not know what is against their own title. Never, Never enter into a real estate transaction without current title status.