House mortgaged under son

[harvrzr]

Mother was unable to obtain a mortgage. Son mortgaged house in his name. Mother has completely paid for house, paid taxes, repairs, etc. Son will not sign house over to his mother. Does the mother have any recourse?

 

[jharris352]

She can sue him for breach of contract. She will run into a problem with the Statute of Frauds so she needs to have something, anything in writing between the two. I don't care if it is checks where she put "mortgage payment" in the memo line. She needs to show that she had an agreement with her son that he carries the mortgage and she pays it. She can bring a suit for "unjust enrichment" and "breach of contract." See an attorney. What kind of son does that to his Mom? Good luck.