Please help me get my house back!!!!!!!!

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stra8up3

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23 years ago my parents had bought a house for myself and to raise my daughter in. After my parents died a few years back, the house went in my name. My daughter now 30 years old, who is some what mentally disadvantage and has 3 children. I made a huge mistake by giving the house to her and to raise my grand kids. I did this under conditions that she had agreed to not to sell it and that I would continue to live there on the property in my motor home, free utilities, indifferently. Well, it did not take long for her boyfriend to manipulate her some how into giving him the house in which he then sold it to his boss. Overnight they packed up, stole everything of mine and moved across the country. I am now being evicted and in dire need of an attorney to try to get the house back. I have no money but could pay after getting the house back and selling it. Please help me, I will be on the streets if I lose my house. I live in southern California.
Thank you for your time.
 
I received the OP's message which I think she wanted to convey here, which is along the lines of not being satisfied with this answer given by disagreeable. There might be one possible item that might help but it won't get you the remedy you want. My entire post is based upon the limited facts you provide:

Unfortunately, it seems that disagreeable is right, even if it's not "justice" or what the OP wants to hear. I'll assume that all the "conditions" that were agreed upon were not documented in writing which would limit the ability of the new property owner to convey the home. If your daughter is somewhat mentally disadvantaged, it would seem foolish to provide her with an expensive home without any agreement limiting her right to transfer. How here's the next question - if your daughter is mentally deficient, you might have considered trying to void the transfer based upon your daughter's incapacity. That will not be easy to do, especially since you transferred the home to her without exception. You can always report the theft of your belongings to the police.

Without knowing ANYTHING about the case other than what I read - here is the only possible remedy you may have. You would appear to have no cause of action. You voluntarily transferred the home so you have virtually no rights except possibly for an "easement" - a right of access/use of the property. Typically that would require recording in the county records office or as part of the deed of sale to your daughter but there are exceptions. In California:

Implied easements: An inference drawn based upon the intent of the parties upon conveyance of title (to the property) in cases where there is reasonable necessity of use. (Probably not applicable, this is usually where land is virtually surrounded and requires using the property of another for necessity.)

Prescriptive easements: The continuous, open and notorious, easily observed use of the land for 5 years or more.

Perhaps you'd have an ability to park your mobile home on the property if you've been there for five or more years. You can try to fight it in court. Perhaps you can call the state bar and someone may provide you with assistance. But other than that, the cost to an attorney would be prohibitive to fight your case and litigate. This may not be a simple appearance - you need to locate your daughter and the bad boyfriend, subpoena them and cross examine them, etc.

Best of luck with this situation and I'm sorry that your best intentions resulted in this.
 
thank you for your time

At one point I had help from a lawyer who worked "pro-bono". He was certain that I could get the house back because my daughter breached the verbal contract. As he explained it to me, his house is in his name but he can not sell it because the bank still owns it. Anyways, he had filed a case against my daughter suing her for the house back but after he had seeming developed some health issues, I have been unable to contact him. Since then I missed a court date that I was unaware of until I received a notice in the mail from the court stating that the case was dismissed due to the fact that my daughter and I had not appeared. The way I figure is if I had been there, I would have won by default, correct?
 
If you had a verbal agreement your case is over - in my opinion. Verbal agreements generally will not apply to real estate, especially when the deed to the property seems to be in someone else's hands, correct? Let's assume you win a case against your daughter - you still can't get the land back. You can only get damages due to breach of contract, which would be money damages for selling the property to your detriment.

To use the attorney's example, if you deeded a property to your daughter, she owns the home. If she puts her boyfriend on the deed as part owner and they sell the property and provide a deed to the boyfriend's boss, who is the new owner, then you're even further away from where you want to be since the property is either owned by the boss or the bank that loaned money to the boss to by the house.

Just because you make an appearance in court doesn't mean you win. You didn't show which means you are in default. You'd now have to get an attorney to "undo" the default - called a "motion to vacate a default judgment". You'll need to show a good excuse why you didn't show and a reasonable success of winning the case if the motion is granted. This is major legal work. You're almost certainly going to have to go at this alone. IMHO, you are better off not wasting any further effort. Your daughter did a very bad thing and your only remedy is to pursue her and the boyfriend. I'm very sorry but without anything else, this is how I feel about your case. Another attorney may have a different opinion but I doubt it.
 
stra8up3 said:
bottemline is that I am looking for someone who willing help me
Click to expand...

We don't do that on this forum.

You are free to look for a lawyer using the site's lawyer search feature.

Or, you can look for a lawyer in your county.

Good luck.
 
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