Property Dispute (2nd posting)

[paise]

Hi:

I am posting this again as I didn't get any response the last time I posted. This is a somewhat complicated issue.

In 1995, I obtained some property from my father whereas I paid off a lien then it was put into my name. He later got sick and I allowed him to stay on the property instead of going back to his own home in another county.

Now, some 5 years later, he is demanding a life estate on the property. I told him no that I would not do this because of liability and financial obligations this would incur.

He is now claiming that he was incompetent when he signed the deed and thus wants it back on that basis. Less than one month prior to signing the deed, he retained his own attorney and drew up a Durable Power of Attorney, Living Will, and Health Care Power of Attorney. These were all signed by him, stating he was of sound mind, with witnesses all stating he was of sound mind, in addition to the notary and the attorney. He was NOT incompetant.

Since I have proof in writing and witnesses, including two attorneys, stating he was very competant and knew what he was doing, will this wash in court?

He is also claiming that the letter I wrote him letting him stay on property while he was ill was meant as a life estate, which it wasn't. It was a note between father and daughter allowing him to stay there until he was through his doctor appointments and went home. He just never has gone home. Will this wash?

In light of all this, I have found out recently that he has been using my name and ruining my credit by obtaining goods and services without my consent or knowledge. He is using the address to the property of mine that I have allowed him to live on to get these goods. According to the post office, he was smart enough to have this stuff addressed to me with him as the "care of". I can't even get that mail forwarded to me to find out what else he has put in my name. Is this legal? The post office says it is.

Lastly, I want to evict him. I'm just tired of it all. I can't take anymore of it. I need to get him out before there is nothing left of my credit. I worked too long and too hard to get good credit for him to ruin it like this.

He has served me with a civil summons to take the property back as well as suing me for money for damages. I have an attorney that is taking care of that end of it. What I need to know is can I start the eviction process? Can I do the 30-day ejection or should I pursue the criminal activity? I just want him out of there before he does any more damage to my credit since I obviously have no control over what is mailed to that address even though I happen to own it.

On a side note, with the exception of the credit fraud and ID theft, the rest of this all got started when my husband and I started making plans to fill in the pond on "our" (that) piece of property. He is just retaliating because we wanted to fill in the pond to save our backsides in case someone got hurt due to the pond.

I would appreciate any help on this matter. As I mentioned in the subject line, I have posted this before and got no response. I would really like to hear from someone. My attorney calls the relationship of the property as a free lease. He pays no rent.

Paise.

 

[paise]

Still waiting for an answer.

 

[Tracey]

1. I doubt he'll win on the incompetancy claim.

2. You cannot grant someone a life estate unless you do so in writing, with a legal description of the property, signed by the grantor, and notarized. The fact that he's demanding a life estate shows that he knows he doesn't have any ownership interest in the land.

3. Report him to the police immediately, as this step is crucial to rehabilitating your credit.

4. Obtain a temporary restraining order preventing him from using your name to acquire or receive any goods or correspondence. See if the court will also give you a writ of mandamus to the post office forbidding them from delivering mail to that address "c/o (your name)." I don't know if a state judge has jurisdiction over the post office, but you can try. Also, contact the post office and report him for mail fraud, file a complaint, whatever they recommend. Don't accept "We can't do that." Counter with, "Well, what can you do & what steps do I need to take?"

5. Get your credit report & contact all creditors he's used. Notify them in writing (certified, return receipt) that you did ot order the merchandise, you did not receive it, that your estranged father stole your identity & has defrauded them of their goods, that you will not be responsible for his debts, and that you demand they remove any mention of the debt from your credit report. Include copies of the police/post office reports. If they won't remove the information, you are entitled to add your own rebuttal statement, with the police/post office reports.

6. Based on 1 & 2, you are the presumptive owner of the land. Begin eviction proceedings against him immediately. Talk to the local landlord tenant association. They can point you to your state's residential landlord tenant act & help you locate sample forms. You may be able to buy an eviction kit from a legal services firm or office supply store.
Give dad proper legal notice today to start the ball rolling. Dad will probably defend by claiming ownership interest in the land. I don't know if the court will continue with the eviction or not, given that a case regarding ownership of the land is pending in court already. Check the RLTA to see if it addresses this point. The court may require you to post some sort of bond to proceed with the eviction pending the outcome of the title suit.


Good luck.


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.


[This message has been edited by Tracey (edited June 13, 2000).]

 

[paise]

Tracey:

Thank you so much for your information. I really do appreciate it. I will be in contact with my attorney and the local Landlord/tenant association. My attorney is wanting me to handle the eviction process to save me money. He is sure I can handle it. I am not so sure but I will take his word on it. I really appreciate the information you have given me and I will be using it shortly.

Sam