58,000.00 dollars at stake.

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robinmcgregor

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My daughter and son in law and me..bought a house. I did not have the good credit..recent separation...I had 100,000.00 thousand dollars. They said that since I had two boys that were going into high school and i wanted to settle we should buy a house while properties values were still really low in Cal. They wanted to use their credit and my money.
The idea was that we would buy the house I would live in it until the property values increased..we verbally estamited about 4 years..at the end of that time if I decided that i loved the home so much I could refinance and buy them out.
I gave them a check for 58, 700.00 a few months in advance because he said that the money needed to season in his account. He bought he house in his name and for the first few months I paid fair market value..The balance he paid. which was about 200 a month. My husbad left me ..so my son in law suggested that i pay the whole mortage and that way I could refinance and buy the house out right from him..I did not qualilfy..they did not count my child support and held my ex's debts against me because we were not leagallly divorced.
I paid 1850 every single month for 7 months..
My 15 year old son got sick..I had to take time off. I was not able to pay the mortage until the 18th. of the month.
He has left threatning phone calls, even though I told him the situation...which he already knew. and his wife my daughter has left messages...all day..the mortage payment was lowered from 1850 to 1650 because of recent property assessement..I never recieved any of the refund..I have not had any tax credit..or maintaince write off. Now because I am late 18 days they are asking me to move.. we had no written agreement all i have is my cancelled check and the checks I have written every month for rent. Can you tell me the best way to handle this situation??
Thank you
Robin McGregor
 
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Please tell me you didn't give your son-in-law $58,000 and allowed him to buy the house in HIS name only. Why did you do that? His name is the only one on the title yet it was your money that purchased it.

Gail
 
What is appears you have done is let your daughter and son-in-law purchase a house in his name with your money...and no documentation that you provided this money, correct?

If so, you are simply considered to be a tenant...and with no written lease, a month to month renter (i.e., your lease begins the first day of each month and ends the last day).

Your daughter and son-in-law are attempting to evict you based on your failure to pay rent. They actually cannot do the eviction without a court ordered judgement granting them to right to do so. In other words, they cannot kick you out; this would be considered a "self-eviction" and illegal.

IF they file for an eviction you will be served notice of a court hearing; be sure to answer that hearing and hire an attorney who can present evidence regarding all of this money that you provided to them for this house.

Gail
 
Yes I did! That is why I am so afraid now..my husband left me after 24 years of marriage..now I am being kicked out with my two sons..15 and 13 with no money..
 
I do have the cancelled check for 58,700.00 dollars..I wrote at the bottom "loan". It was for the down payment..plus I have been paying the full amout of the loan monthly..It was not that i wasnt going to pay..I was late..it is not going to affect his credit at all I told him of course I would pay the late fee. What if I just live here and not pay rent at all since they are not planning on giving me my money??
 
When you talk about not paying the rent, do you mean not paying the loan monthly?

If so, failure to do this could end up in a foreclosure, meaning you lose everything you have put into this house.

How do you handle this loan payment? Do you pay the son-in-law and he pays the mortgage?

Gail
 
Yes, I pay him a check in his name..and he pays the morgage..he would never let it go into forecloseure, he has too much money and values his extremely good credit. Ihave been paying 1850 per month, I have never seen a statement or any paperwork regarding the mortgage. I am not even really sure if that is the real payment... I just trusted them. big mistake!
 
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