Legal Question in Real Estate Law in California
broken promises & trust /cheated on home ownership by parent
In 2002, I received a settlement from malpractice suit in which I
used a good portion to buy a home. Due to the injury, I am
currently awaiting a heart transplant .
I have five children. Because of my failing health ,my mother felt it
would be best to purchase the home in her name because of credit
issues and to protect against creditors from taking it for future
medical expenses. Anyway, I found a home, put a cash hold on it
and when came time to purchase, put over $80,0000.cash down
on it. I have also put approx. $60,000. extra into it ;as well. On top
of that, I gave my mother over $45,000. Forty thousand for all past
debts and $5,000. to hold for me. At the time of all this, she
promised to add my name to the deed, wait 1 yr to refinance so I
could landscape my home and rebuild my credit.Due to errors in
my SSD benefits I have had my parents pay the last 13mos. of the
$1200. mortgage. They are millionaire several times over , so this
was not a hardship for them. However, she does object to the fact
that I went against her wishes and married my Latin girlfriend. Now
she claims the home as hers and is evicting myself and children.I
have no signed promises, but I kept a full pap
5 Answers from Attorneys
Re: broken promises & trust /cheated on home ownership by parent
You need to sue her to claim your interest in the property; claims for quiet title and partition. If you dispute title, you may be able to stop the foreclosure until the big lawsuit is over. Evictions move very, very quickly; see an attorney as soon as possible.
Re: broken promises & trust /cheated on home ownership by parent
Boy, what a mess. You have legal remedies, but, they won't be cheap. If you are prepared to sue your mom and can afford the $30-40k in legal fees it may cost, get a lawyer and go to it. Don't wait, since time is your enemy. Otherwise make peace with your mom and good luck.
Re: broken promises & trust /cheated on home ownership by parent
I think you have a claim for recovery. I am an excellent attorney. You may contact me.
Re: broken promises & trust /cheated on home ownership by parent
It is, unfortunately, an ugly situation. You have rights. However, you MUST act fast to protect them or possibly lose out when evicted. You CANNOT wait for that to occur.
Also, it is VERY likely to get expensive VERY quickly. It sounds like your mother will be quite happy to make you suffer. Given that, it's likely that she will attempt to bleed you in litigation (both unlawful detainer/eviction and lawsuit over title).
You definitely need an attorney and QUICKLY.
I would be happy to set up a consultation regarding your options.
J. Caleb Donner
LEGAL WARRIORS�
Re: broken promises & trust /cheated on home ownership by parent
If you can trace your cash to the house, you are probably safe. However, you should act fast. We have several cases like yours and would be happy to help you. Feel free to contact us.
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