foreclosure

[27Michael]

I purchased property from my Father and Mother. I opened escrow on the 1/16/2001 and my father on 1/11/2001 took the deed to the property with his name and my Mothers name on the deed and deeded the property it into a trust in his name alone. That deed was recorded on 1/22/2001. On 1/29/2001 both Mother and father met me at the escrow office to signing there part of the papers to finalize the deal. When escrow closed on 1/30/2001 I was given a deed that was from my mother and father. He never told escrow of the new deed that had been placed in his name family trust. So the deed to the property that I received was no good. OK here is the kicker, My Mother died and my father and I had a falling out, in 2007 his lawyer he came to me with a new plan. I told his lawyer that half the price of the property was my Mothers so you and I are all paid up, I owe you nothing. Called his lawyer every week for three week to get an answer from my father's lawyer. The lawyer never returned my calls, so at that time I believed that my offer had been accepted, we never talked. I had heard he remarried to a woman that was 25 years younger, he is 76 and not in the best health. 5 and a half years later I get a foreclosure letter and that is when I found out that I have never had a good deed to the property. I am taking him to court. This is my Question I am looking for a case, statutes, regulations, codes similar to my story to use in court. Can you point me in a direction that would helpful.

Thank you
Michael

 

[army judge]

I purchased property from my Father and Mother. I opened escrow on the 1/16/2001 and my father on 1/11/2001 took the deed to the property with his name and my Mothers name on the deed and deeded the property it into a trust in his name alone. That deed was recorded on 1/22/2001. On 1/29/2001 both Mother and father met me at the escrow office to signing there part of the papers to finalize the deal. When escrow closed on 1/30/2001 I was given a deed that was from my mother and father. He never told escrow of the new deed that had been placed in his name family trust. So the deed to the property that I received was no good. OK here is the kicker, My Mother died and my father and I had a falling out, in 2007 his lawyer he came to me with a new plan. I told his lawyer that half the price of the property was my Mothers so you and I are all paid up, I owe you nothing. Called his lawyer every week for three week to get an answer from my father's lawyer. The lawyer never returned my calls, so at that time I believed that my offer had been accepted, we never talked. I had heard he remarried to a woman that was 25 years younger, he is 76 and not in the best health. 5 and a half years later I get a foreclosure letter and that is when I found out that I have never had a good deed to the property. I am taking him to court. This is my Question I am looking for a case, statutes, regulations, codes similar to my story to use in court. Can you point me in a direction that would helpful.

Thank you
Michael

You and your mother were victims of your father's fraud.

If you have a remedy, it'll lie somewhere in the fraud statutes of your state.
The problem with that COULD BE that the SOL now applies.
This sordid bit of business began 14 years ago.

You should speak with three or four property, real estate, or trust attorneys on your area.
Don't worry about cost, most attorneys will noit charge a person for the first meeting.
During those meetings you can lay out the facts as you see them, show copies of your proof, and ask a few questions; one of which should be: "What remedies exist under our state's laws?"

The other issue is the advanced age of your father, and his health.
That alone could preclude this matter ever being litigated.
Another issue is likely to be his younger wife's claim to the property.
It may be entirely possible that she is already named in the trust.

Last, but NOT least, is the issue of the trust.
Trusts are extremely difficult, some say impossible to breach.
If, indeed,m the trust owns the home, that will be a bigger problem.
There are only two people alive today that can testify about this, you and dad.
If the home isn't worth at least $10,000,000, its going to cost you more than you MIGHT recover to pursue it.

Its your call, but if I were you. I'd let it go.
You're living your life, and that home isn't required to further complete your life.

 

[27Michael]

Thank You

It is little more than just a home; we have lived here for 35 years. When first married my Grand Mother told me I could live in the house, she wouldn't take rent. My father had the ranch (33 acres) in his name before she died. My Mother worded hard as well as my brother and myself. My father was seldom in the field. He has sold most of the rest of the property he was given. My brother past on in 2007 so it just me left for him to fight with and I don't fight. I do have a Lawyer working on this, just researching myself to see what other information I may find.

I do thank you
Michael

 

[army judge]

Thank You

It is little more than just a home; we have lived here for 35 years. When first married my Grand Mother told me I could live in the house, she wouldn't take rent. My father had the ranch (33 acres) in his name before she died. My Mother worded hard as well as my brother and myself. My father was seldom in the field. He has sold most of the rest of the property he was given. My brother past on in 2007 so it just me left for him to fight with and I don't fight. I do have a Lawyer working on this, just researching myself to see what other information I may find.

I do thank you
Michael

Whatever memories you have, you'll always have them.
I run 3,000 head of cattle.
I own thousands of acres.
It's all held in a family trust.
Any of my children or grands, or their issue are allowed to take 10 acres for their use.
If they build on it, they can use 20 acres.
The family trust I established owns it in perpetuity, or until there are no direct descendants, then it would be given to several charities.

The ranch is just something I'd always wanted to do.
Oil and natural gas was discovered on it, and a pipeline also runs across it.
It's medium by Texas standards, and pretty good for an old Texas country lawyer.
If I lost it tonight, I'd still have hundreds of great memories.
Life's too short to squabble. I pray you receive your peace.

 

[27Michael]

Thank you

We will go on no matter what happens.
again thank you

Michael