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Trying to Remove Grandson From Property

Discussion in 'Eviction, Recovery of Premises' started by Jasmine Caldwell, Oct 15, 2021.

  1. Jasmine Caldwell

    Jasmine Caldwell Law Topic Starter New Member

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    Jurisdiction:
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    I own a house in California, since before my husband passed in 2014. I moved to Oregon in 2015 and my grandson has since recovered the property from a squatter that was there, while payments were being made by my then power of attorney. I’m 2018 my grandson took over the property and stated that the house was now in his name. I since recently found out the house is still in my name and he’s been living there. Not making payments like he says he has been, as well as allowing other people to stay there. I told him I wanted to move back because that is my home my husband (his grandfather) built. He is refusing to leave, he has not signed contract or anything stating his rights to be there. The loan is 18,000 past due and hasn’t been able to take care of it because he needs my signature to be able to make a payment plan. I’m which he knew that would give away it was still in my name. He was only supposed to have it in his name to be able to take care of all necessary payments and be able to handle any renovations. He has done neither and is now putting me in serious debt. I want him off the property as well as any others he invited. How do I go about doing this the legal way since he is refusing to leave.
     
  2. Zigner

    Zigner Well-Known Member

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    You evict him (and the others). You'll probably want the assistance of an attorney if things don't go smoothly.
     
  3. zddoodah

    zddoodah Well-Known Member

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    When your husband was alive, did you and he own the home jointly? If so, after he died, did you complete an affidavit of death and record it with the county recorder?

    I don't understand the part of this sentence after the comma. A power of attorney ("POA") is a document, and a document cannot make payments to anyone for anything. Did you mean that, at some point, you signed a POA and that the person designated in the POA to serve as your agent/attorney-in-fact was making payments? If so, to whom and for what was this person making payments? I assume you're talking about mortgage payments. And who is the agent/attorney-in-fact? Your grandson or someone else? Also, why didn't you sell the house when you moved to Oregon?

    What does "took over the property" mean?

    Again, I assume you're talking about mortgage payments for which you are obligated. Correct?

    I'm wondering why YOU didn't make the mortgage payments when they were due.

    You hire a local attorney to evict him and probably sue him for whatever monetary damages you can prove.
     
  4. Jasmine Caldwell

    Jasmine Caldwell Law Topic Starter New Member

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    Yes I completed all necessary paperwork due to my husbands passing. The person that was power of attorney was supposed to be making payments to the mortgage company as well as completely all necessary renovations, we were then supposed to sell the house after he was finished. We lost contact with him. He moved, changed numbers. Never heard from him again. My grandson took care of getting a squatter out of the house and said that he was going to refinance the house in his name and make sure everything was taken care of. I signed paperwork, meanwhile, all he did was keep it in my name and has since been living there. He changed all the loans information, by having his wife use my information to act like me to call the loan company. So I was never contacted by anyone. Sent any paperwork or since been told that it was still in my name until my granddaughter checked my credit account for me and it was on there still. Now I’m trying to get my grandson removed from the property. So I can handle it myself. We live 2000 miles away from the house and have only been taking heresay from my grandson. With my grandson having his wife act like me, I was never notified of anything due, I was never notified of payments being missed, because he sent all the necessary paperwork to have the house refinanced and never spoke about it again. Otherwise I would have been making the payments for which I know I’m obligated.
     
  5. Zigner

    Zigner Well-Known Member

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    I suspect your situation is MUCH more complicated than you think. You are really going to want to check the paperwork you signed because it's entirely possible that your son owns the house, but you still are on the hook for the mortgage. Talk to an attorney ASAP.
     
  6. zddoodah

    zddoodah Well-Known Member

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    I'm really good with geography, and there is nowhere in Oregon that is 2,000 miles from anywhere in California.

    In any event, there's no way to sugar coat this. You apparently relied on the wrong people and then made a bad situation worse by neglecting to do anything, so I suggest you get in touch with an attorney local to the California house ASAP.
     
    Zigner likes this.

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