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complicated pending sale stalled by mental illness

Discussion in 'Buying & Selling a Home or Residence' started by Polly Oh, May 19, 2016.

  1. Polly Oh

    Polly Oh Law Topic Starter New Member

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    Jurisdiction:
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    My brother lives in a mobile home in a mobile home park and it includes land. It was originally bought and paid for by my mother and when she died 25 years ago the deed was put in the name of all four of us siblings. Because my brother had lived with mom for a few years before she died and because he is diagnosed schizophrenic, the 3 non-resident siblings agreed to let him live there for as long as he wanted. He has been a pretty functional schizophrenic and has managed to bring in a marginal income for himself and to pay property taxes each year.

    Recently he decided to sell it both for money needs and because he feels unsafe in the neighborhood. It IS a bit of a sketchy area but probably not near as bad as he feels it is. When he's under stress his paranoia comes out and he felt he was in danger. As we all live out of state it's hard to determine the reality of it.

    He listed it with an agency and (to our surprise) it quickly "sold" (maybe). It is a relatively a small sale (under 100,000) and 2 of his siblings were planning to sign a quit claim as we knew he would really need money. The realtor contacted each of us siblings about the process and we were planning to sell necessary documents. Unfortunately on the day of the walk-through by new buyers (investors) he had a melt-down and is convinced that the sale is part of some plot to "get him" and he is refusing to proceed. Of course he has also signed a ton of papers, but none of his legal co-owners (siblings) have signed anything yet. We were all shocked by his reaction because none of us expected this.....he is usually able to appear and act pretty normal (he has Aspergers too). We siblings are now afraid to do anything, because we are really concerned that he will in fact become homeless; he has a history of short periodic employment and I don't think he is employable at all anymore.

    Bottom line is that I'd like to know whether he HAS to go through with this sale and if it is even legal if the siblings have not yet signed paper work (although we initially gave her a verbal ok over phone). I'm wondering what the legal repercussions for us if we do not sign the forms that she has emailed us.
     
  2. army judge

    army judge Super Moderator

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    Read the forms you've received.
    The penalties would be revealed within the four walls of the documents.

    Under the circumstances you've recounted, primarily because the resident sibling's deteriorating mental state, I doubt there's much that'll be done to the non-resident siblings.

    However, the three "normal" siblings might discuss the efficacy gifting the title to the property to the mentally ill sibling.

    Going forward, he can choose to do as he wishes with the property.
    His need is far greater than the need of the other siblings.
    He's done surprisingly well over the years, but as he ages his disease will overcome him. Bottom line, schizophrenia, along with a side of Aspergers can become very difficult for those afflicted.
     

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