Legal Question in Family Law in Utah

reposses a home

My brother was to purchase my grandparents home after they passed away by paying their children monthly payments. They got in bad financial trouble so my parents started to make the payments for them. However we've found out that they were not making the payments but spending the money on themselves. We did not get this in a contract but we do have a trust deed that states that they will pay $25000.00 plus interest. We do have 63 canceled checks for $300. written to them for the house payments that total $18900. My parents made the payments to them so that Mom's sister's would not feel bad about Dad and Mom making the payments and so that my brother would not be embarrassed. Dad would like to reposses the house but does not know without a contract if he has any legal way to do so. Does he have any case at all?


Asked on 4/21/07, 1:19 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: reposses a home

The beneficiaries of the trust deed note (the children?) should be able to file an action to repossess the house. It depends on the language in the trust deed note. Your parents may have a right to get judgment against your brother for the money they sent him. If they win the judgment it becomes a lien on the house, and then they can foreclose on the house.

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Answered on 4/23/07, 9:39 am


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