Legal Question in Real Estate Law in Illinois

hi. in 2008 i was in a bad mortgage and got forclosed on i saved/borrowed 20.000 for a down payment on a another house but foreclosure on my credit my brother got a mortgage in his name using my down payment and closing cost 20% down on 100.000 property and now i have lived here five years paying the mortgage on time every month paying the home owners insurance not included in mortgage making all repairs example three weeks before he mailed me a lease and said it was his property i had the driveway and back area repaved i paid 3500.00 dollars we had a verbal agreement for him to sign the house over to me when i could get financing. do i have any rights. thank you.p.s i live in illinois.


Asked on 10/16/13, 4:06 am

1 Answer from Attorneys
Stephen Messutta

Very sad situation if your own brother is trying to hurt you. Without seeing all of the paperwork for the purchase, however, it would be impossible to help. For example, if the loan he took out required you to sign a "gift letter" of the 20.000 downpayment so it was not considered a loan, then there is paper that says you gave it to him, and now to say it was not a gift could be considered a fraud against the federal lender.... Also, with no written agreement between you two, and regardless of what you put into the place, a court could just as well decide it was a lease and not an agreement to purchase when you could get your own mortgage. If other family members can't convince your brother to do the "right thing", or if there is something going on that is forcing your brother to take this position, you will need to see an attorney who may be able to figure a way out.

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Answered on 10/16/13, 9:14 am


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