Title Ownership and Transfer Questions

[rb860]

Jurisdiction

Ohio

Hello,

I have a situation that I need some help sorting through and thought that I'd try to find some starting points by asking this forum.

My mother and father were divorced in 1992. In 1987, they were transferred property by land contract by a third party. In the terms of their divorce, my father was granted use of the house, although it had still not been paid/transferred out of the third party's name. He skipped town shortly thereafter and has been out of the state ever since. My mother and I moved into the house, and she paid all of the house payments/taxes ever since, to the point of completely paying it off a few years back.

This property is still in the third party's name. Many attempts have been made to get my father to transfer over the property, but he has made dozens of excuses. We need to have the title switched over to either my mother or myself for many reasons. He, of course, is making this difficult.

My questions are:

1) How difficult is this process to switch the title? One of his excuses is that he hasn't been back to Ohio, but I'm under the impression that this is just paperwork and doesn't require physical presence.

2) Is there a way that my mother or I could take possession of the title, going above his head?

We have been in the home over 21 years, which I believe is the requirement for adverse possession. Not sure that we meet all the requirements for adverse possession, since I am technically his blood? Thoughts?

Thank you so much!

 

[adjusterjack]

1) How difficult is this process to switch the title?

There is no title to switch. Not yet. The property is still owned by the "third party" to whom payments were made.

Now that the property has been paid for HIS only obligation is to deed the property to the two people whose names appear on the land contract.

Why hasn't that been done?

Once that is done, it should be a simple matter for your father to quitclaim his ownership interest to your mother.

One of his excuses is that he hasn't been back to Ohio, but I'm under the impression that this is just paperwork and doesn't require physical presence.

No, it doesn't require his presence but I'm betting the reason he's being a hard-ass about it is because he wants money. Or maybe he's just being vindictive.

Is there a way that my mother or I could take possession of the title, going above his head?

Yes.

Your mother can hire a lawyer, go to court, and have a judge rule on the ownership of the property. It's called "partition action." Google it.

One way or the other, getting sole ownership of the property is going to cost your mother money.

She will either have to engage in expensive litigation or pay off your father for his signature on a quitclaim deed.

I don't think adverse possession is appropriate as your mother and father are co-signers on the land contract and will be co-owners when the "third party" deeds the property to them.

 

[army judge]

Land contracts are mortgages.
Land contracts are essentially "rent to own schemes".
If payments are made, sufficient to satisfy the REAL OWNER, someone might obtain title or deed to the property one day.

Why "one day"?

The title/deed under such "rent to own schemes" has not been guaranteed as warranty deeds.

Is the person "renting" the property to someone still live?

Has mother spoken to him/her about the title/deed?