new homeowners coming after my land....need advice

[loots]

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

 

[Silverplum]

Try again, and don't use the "Preview" function -- it eats posts.

 

[loots]

maybe this time??

thanks silverplum...let's try this again....my ex husband and I bought a house in '96. It consisted of 11 lots. he no longer wanted the house so he quit claimed his interest to me. to get a loan in my current husband's name, I did an inter-spousal transfer deed, but only for 3 of the 11 lots. (this is what we were told to do by the lender at the time, they said it was all he needed to secure the loan) These were the three main lots the house sat upon. 9 years later, the bank foreclosed on my husband's house and consequently sold the property to the now owners. I saw the house online for sale...along with my property. I called the new owners and told them they did not own my property, only the three lots that were foreclosed on. they have since had an attorney contact me and he has told me that what my husband and I did is bank fraud and he will be taking us to court to charge us with not only the fraud, but also to take the land. He told me on the phone that what we did is frowned upon and that we did it intentionally. Their issue is that part of the house sits on my property and there is a shed that sits on my property as well as a lower deck. My property also includes the driveway and septic field. The attorney also informed me that since my husband and I put up a wire fence around the entire property (we have dogs), that that meant I gave my husband easement rights to the entire property and since he is no longer the owner that those easement rights now transfer to the new owners. he has given me a week to get back to him with an amount I would want for the land (even though he all but assured me I would lose in court and have to pay his legal fees as well) I'm not so sure I'd like to sell my property. Do I have a leg to stand on here?

 

[Zigner]

thanks silverplum...let's try this again....my ex husband and I bought a house in '96. It consisted of 11 lots. he no longer wanted the house so he quit claimed his interest to me. to get a loan in my current husband's name, I did an inter-spousal transfer deed, but only for 3 of the 11 lots. (this is what we were told to do by the lender at the time, they said it was all he needed to secure the loan) These were the three main lots the house sat upon. 9 years later, the bank foreclosed on my husband's house and consequently sold the property to the now owners. I saw the house online for sale...along with my property. I called the new owners and told them they did not own my property, only the three lots that were foreclosed on. they have since had an attorney contact me and he has told me that what my husband and I did is bank fraud and he will be taking us to court to charge us with not only the fraud, but also to take the land. He told me on the phone that what we did is frowned upon and that we did it intentionally. Their issue is that part of the house sits on my property and there is a shed that sits on my property as well as a lower deck. My property also includes the driveway and septic field. The attorney also informed me that since my husband and I put up a wire fence around the entire property (we have dogs), that that meant I gave my husband easement rights to the entire property and since he is no longer the owner that those easement rights now transfer to the new owners. he has given me a week to get back to him with an amount I would want for the land (even though he all but assured me I would lose in court and have to pay his legal fees as well) I'm not so sure I'd like to sell my property. Do I have a leg to stand on here?

You NEED an attorney, not an internet forum.

 

[tranquility]

I agree, a trip to the attorney is called for.

From the top of my head, a bank is a pretty sophisticated entity. If they loaned on three lots, that was the security for the loan. It seems like the new owners have a complaint against the bank if they have a problem and the bank may have a complaint against you. (If THEY allege fraud.) The easement rights argument may work or may not, but it is not going to be to the level to where you would be paying for their legal costs.

See the attorney. Disclose everything to him. Let him guide on the best strategies. Out of curiosity, how much was the loan? How much were all 11 properties worth at the time of the loan?

 

[LdiJ]

thanks silverplum...let's try this again....my ex husband and I bought a house in '96. It consisted of 11 lots. he no longer wanted the house so he quit claimed his interest to me. to get a loan in my current husband's name, I did an inter-spousal transfer deed, but only for 3 of the 11 lots. (this is what we were told to do by the lender at the time, they said it was all he needed to secure the loan) These were the three main lots the house sat upon. 9 years later, the bank foreclosed on my husband's house and consequently sold the property to the now owners. I saw the house online for sale...along with my property. I called the new owners and told them they did not own my property, only the three lots that were foreclosed on. they have since had an attorney contact me and he has told me that what my husband and I did is bank fraud and he will be taking us to court to charge us with not only the fraud, but also to take the land. He told me on the phone that what we did is frowned upon and that we did it intentionally. Their issue is that part of the house sits on my property and there is a shed that sits on my property as well as a lower deck. My property also includes the driveway and septic field. The attorney also informed me that since my husband and I put up a wire fence around the entire property (we have dogs), that that meant I gave my husband easement rights to the entire property and since he is no longer the owner that those easement rights now transfer to the new owners. he has given me a week to get back to him with an amount I would want for the land (even though he all but assured me I would lose in court and have to pay his legal fees as well) I'm not so sure I'd like to sell my property. Do I have a leg to stand on here?

I agree with the other responses that you need an attorney. However, you also were unclear a bit in this post as well, which is another reason why you need to be sitting down in front of an attorney explaining the situation.