Legal Question in Real Estate Law in Arizona
Unjust
In short, got divorced, almost lost home, friend helped me out by obtaining financing in her name, house in my name. She got mad took house that myself and children have lived in for 10 yrs. She has never spent one penny towards the home, never lived in it or received personal mail there. She now has the property pending sale. She stands to walk away with $159,500 in equity that I spent the last 10 years building. Was told about ''unjust enrichment''. Does this fall under that category and if so what would be the next step. I want to get something filed before the escrow closes and the title company dispurses the proceeds to her and she runs away with my hard work. Help!
2 Answers from Attorneys
Re: Unjust
If the house is titled in your name, she cannot sell the house as she is not the owner. If she obtained the mortgage loan to enable you to maintain ownership of the property, again, I do not understand how she could "take the house."
You can file a suit against her and record a "lis pendens" which is notice to the public that title to the house is in question and that has the effect of preventing a sale until the question of title is resolved by the court.
You should obtain counsel at once!
Re: Unjust
Without a face-to-face consultation with all the relevant documents in front of me I cannot give an opinion on this matter. You say she put a mortgage in her name, but that the house is still in your name, yet she is selling it. I am betting that the documentation, deeds, etc. in this case may reveal that your conclusion that the house is in your name is wrong. Lenders do not lend money to someone for a home mortgage without the home being in their name. It would be impossible to place the deed of trust (generically called a "mortgage" still by most, but technically a different animal but tantamount to a mortgage) on the property without the signing of documents by the owner. I suspect that the home is really in the other person's name, but cannot make that judgment without viewing all the documentation. I also suspect that there are a lot more facts to the story.
See an attorney immediately without delay. I cannot emphasize that enough. Get all the documentation together and see an attorney immediately if you want to pursue this. Posting questions on an internet forum will not suffice in this case.
Best regards,
James D. Jenkins
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
