Legal Question in Civil Litigation in Michigan
suing someone who've done you wrong
My parents bought a home with their money but it's under a cousin's name. She used our home as collaterals on a loan she took without consulting my parents. Now she can't make the payment and the bank and took our home. Is there any help so we can get our home back?
2 Answers from Attorneys
Re: suing someone who've done you wrong
As a practical matter, lawyers don't like to sue people who have no assets.
Your parents had a reason to put the home they paid for in your cousin's name. Was it an attempt to defraud their creditors, an unlawful transfer to gain a homested exemption, or was it an unreported gift?
Your cousin added to the fraud by taking out a mortage and lying to the bank about the actual owner.
Your parents have no standing with the bank and you cannot redeem your home if it went to a sheriff's sale.
They could sue your cousin, but state law says that all property transfers must be in writing. If it was a verbal agreement, that agreement is not enforceable in court.
If there is fraud on both sides (your parents and your cousin), someone could go to jail.
Re: suing someone who've done you wrong
Your parents may have the right to file a lawsuit to place them back within the status quo. However, several factors will play a part in whether they will be successful including why the home was bought in the manner it was and was there any written agreements or was the entire transactions oral.
If your parents are interested in discussing the possibility of a lawsuit please have them call me to set up a consultation. Good luck.