Seasonably supplementing discovery responses

LLea

New Member
Jurisdiction
Ohio
I gave my ex girlfriend money to refinance our house and pay off her bills before I moved out so she could continue living there. My name was to come off the original mortgage. Since I was moving out of the state, I signed a quit claim deed before the loan went through, upon what I was told by the Loan Office, the loan was approved. I also signed a gift letter with the Title Company stating the money was a gift, she didn't have to repay it and they would be held harmless of how it was distributed. They ended up giving her the Quit Claim deed and the money. She recorded the Quit Claim deed and kept the money. Although she is paying the mortgage, my name remains on the loan and I want my money back or the house partitioned because the gift was to get my name off. Do I have a legal case in getting my money back from her, partitioning the house, and the Quit Claim deed being reversed?
 
My name was to come off the original mortgage.

Borrower's names doe not "come off" of mortgages. The only way for your mortgage obligation to have been extinguished would have been for your ex to refinance in her own name.

I signed a quit claim deed before the loan went through

I assume this was to be a loan by which your ex refinanced in her own name. Correct? To whom did you give this deed?

They ended up giving her the Quit Claim deed and the money.

Who are "they"?

my name remains on the loan

Because...??

I want my money back or the house partitioned because the gift was to get my name off.

There's nothing to partition because you're not an owner of record anymore.

Do I have a legal case in getting my money back from her, partitioning the house, and the Quit Claim deed being reversed?

Doesn't sound like it. It sounds like you made every possible mistake in connection with the events you described. However, it is impossible to form any reliable conclusions without a thorough review of the relevant documents. I suggest you consult with an attorney in the area where the property is located.
 
I gave my ex girlfriend money to refinance our house and pay off her bills before I moved out so she could continue living there. My name was to come off the original mortgage. Since I was moving out of the state, I signed a quit claim deed before the loan went through, upon what I was told by the Loan Office, the loan was approved. I also signed a gift letter with the Title Company stating the money was a gift, she didn't have to repay it and they would be held harmless of how it was distributed. They ended up giving her the Quit Claim deed and the money. She recorded the Quit Claim deed and kept the money. Although she is paying the mortgage, my name remains on the loan and I want my money back or the house partitioned because the gift was to get my name off. Do I have a legal case in getting my money back from her, partitioning the house, and the Quit Claim deed being reversed?
Borrower's names doe not "come off" of mortgages. The only way for your mortgage obligation to have been extinguished would have been for your ex to refinance in her own name.



I assume this was to be a loan by which your ex refinanced in her own name. Correct? To whom did you give this deed?
She was to refinance in her own name. The gift letter states the loan is to be refinanced to remove me from the mortgage. That didn't happen.


Who are "they"?

The Title Company

Because...??
I don't want my name on the mortgage. I have gone on with my life.



There's nothing to partition because you're not an owner of record anymore.



Doesn't sound like it. It sounds like you made every possible mistake in connection with the events you described. However, it is impossible to form any reliable conclusions without a thorough review of the relevant documents. I suggest you consult with an attorney in the area where the property is located.
 
Do I have a legal case in getting my money back from her, partitioning the house, and the Quit Claim deed being reversed?


The only way for you to receive a qualified answer to your question is to consult a few lawyers in the county where the home is located.

My gut tells me you are screwed, but a lawyer licensed to practice in Ohio is what you require.

You might be able to interest the police and prosecutor to pursue a case against the person who POSSIBLY defrauded you.

Contacting the police and prosecutor is .another avenue to investigate
 
Does wording on a gift letter make a big difference? I am now worried about the Gift Letter. My ex was supposed to refinance the house to take my name off of the mortgage but I noticed the gift letter uses the word purchase instead of refinance. It doesn't state the loan is to have me removed from the mortgage. I am suing the Title Company for $25,000 for handing over the Quit Claim deed before the loan was refinanced, the Loan Officer $25,000 for giving permission to the Title Company to hand over the portion of the money to be used for the refinancing and my Ex for $1,800,000 (mostly punitive damages) because she didn't fulfill the terms of the gift letter. She applied for two loans that fell through. She claims to have used the rest of the money towards repairs of the house including remodeling the master bath and updating sinks in the other two. She also added a sauna in the house and claimed to have paid house taxes with the money among other things. I never asked for the money to be returned, I went straight to a Lawyer and we will go to trial in April. Here is a copy of the gift letter. Does she have a right to keep my money?
gift letter 1st page.jpg gift letter 2nd page.jpg
 
I went straight to a Lawyer and we will go to trial in April. Here is a copy of the gift letter. Does she have a right to keep my money?


You need to discuss ANY and ALL concerns you have related to this matter with YOUR attorney.

Asking strangers questions about your legal issues is counterproductive, and could be harmful to your case.
 
I am suing the Title Company for $25,000 for handing over the Quit Claim deed before the loan was refinanced, the Loan Officer $25,000 for giving permission to the Title Company to hand over the portion of the money to be used for the refinancing and my Ex for $1,800,000 (mostly punitive damages) because she didn't fulfill the terms of the gift letter.

"Am suing"?

Like the lawsuit is already in progress? Then presumably you have a lawyer, given the amounts, and you should be addressing your concerns to your lawyer.
 
My lawyer isn't giving direct answers. Seems to be avoiding my real concerns.


Put your questions in writing, send them via a letter (priority mail or overnight courier), and ask for a written response to each query.

However, avoid asking questions seeking an opinion about the outcome of the case.

I can tell you after my brief perusal of your comments and document submitted above, I would have advised you not to hire me to pursue this matter.

Why?

Nothing I have seen would require the other party to return you any money you GIFTED to her.

You have no contract which required her to do anything to receive the funds, other than to TRY and secure a mortgage.
 
I have been handling a civil claim Pro Se. I was given a monetary gift to do something and found out there was a breach of contract from the suing party that now wants the gift back. I refuse to give it back because the Plaintiff's breach injured my credit. I have submitted some of the requested documents for discovery and need to submit a few more. Do I need a special form to submit more documents?
 
I have been handling a civil claim Pro Se. I was given a monetary gift to do something and found out there was a breach of contract from the suing party that now wants the gift back. I refuse to give it back because the Plaintiff's breach injured my credit. I have submitted some of the requested documents for discovery and need to submit a few more. Do I need a special form to submit more documents?


Strangers have no knowledge of your case.

However, I was able to refresh my memory quite quickly by perusing your former thread.

I then just merged both threads.

We mustn't forget that you have already HIRED counsel.

I suggest you read the instructions posted on the court's website, or search the internet for how you conduct your case, after all, you ARE doing it pro se.
 
I was given a monetary gift to do something

What does this mean? A "gift to do something" doesn't sound like a gift at all. It sounds like a contract pursuant to which someone paid you to do something. A gift is an unconditional transfer of money or other property. It sounds like a contract pursuant to which someone paid you to do something.

Do I need a special form to submit more documents?

If you're talking about producing documents in response to a discovery request, you don't need a "form" ("special" or otherwise), but you do need to read the applicable rules of civil procedure and comply with them.
 
FYI, my prior response (post #14 in the thread) was based entirely on post #12 and was made before the consolidation of the two threads.
 
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