Jump to content
  • Welcome to AngelsWin.com

    AngelsWin.com - THE Internet Home for Angels fans! Unraveling Angels Baseball ... One Thread at a Time.

    Register today to join the most interactive online Angels community on the net!

    Once you're a member you'll see less advertisements. Become a Premium member and you won't see any ads! 

     

Real Estate Legal Question


Recommended Posts

Several years ago, my mom owned a house but she turned it into a life estate. She was the life tenant and me and my 4 brothers and sisters became the remaindermen. I have had a falling out with my family and I have not spoken to my family in years. About 5 months ago, a real estate agent contacted me saying my mom is trying to sell the house, but she needed all of the kids that were remaindermen to sign some paper and get it notarized in order for her to sell the house. I asked for more information since I don't want to sign documents and give them to people I do not know, the agent never got back to me.

 

Needless to say I looked up my moms house and found out it was sold a month ago. I never okayed it or signed any documents. It if you looked at the county records, my mom was not listed as the owner, it showed me and my 4 siblings as the owners. I contacted the agent to ask how she sold it without my permission, and she told me she was able to find a loophole so my mom did not need my permission or signature.

 

Does anybody know if this was legal. It was always my understanding the house could not be sold without my okay. It needed all 5 children's permission. If it was illegal, how do I go about fixing the issue?

 

Link to comment
Share on other sites

Ask the realtor (pronounced real-a-tor) what the loophole is.  She will not answer you.  Hire an attorney to write a 'demand letter,' asking what the terms were for selling the home and what the supposed loophole is.  An attorney might take this on contingency or just charge around $150 to write and send the letter.

 

The realtor will answer the demand.  Once you get the info, see if the loophole is legit (you can prob. research this on your own without an attorney).  Once you see there is no real loophole, you will likely have to send another demand letter, asking for damages.  Since there are other parties with proceeds that should have gone to you, you will need to either send them a demand letter or just sue them (get an attorney to write and file a complaint). 

 

The realtor is on the hook for some damages if there is not loophole.  She is prob at risk of losing her license.

Link to comment
Share on other sites

With the demand letter route, couldn't he go a paralegal route...at least initially? Save a couple bucks before likely needing an actually attorney.

 

I say this because I have needed to send out quite a few demand letters and while going the attorney route, I have mostly worked with their paralegals (who are also more helpful than busy attorneys) and used them as a source of correspondence.

 

Although, with him/her likely needing an attorney anyway, I suppose he could just go that route and while he/she will deal with the paralegal, the attorney will be in the loop during all correspondence.

 

I'd still make sure to go a Real Estate attorney and not some dude that passed the bar or Larry H. Parker. Before a demand letter is even sent they know the loop holes and can take a specific course of action for this particular case/client.

Link to comment
Share on other sites

I would try my best to file criminal charges. I would write to the IRS and state attorney general and use the realtor's name as often as possible. I might even stake out the realtor office and advise passers by as to the practices of the realtor. How you handle your family members is up to you.

Link to comment
Share on other sites

I would try my best to file criminal charges. I would write to the IRS and state attorney general and use the realtor's name as often as possible. I might even stake out the realtor office and advise passers by as to the practices of the realtor. How you handle your family members is up to you.

 

It's a civil case at this point.  I'd save the IRS and AG stuff until later as a last resort.  A solid demand letter would maybe mention contactingtthe state Board of Realtors or whatever the licensing body is.  You wanna give the person your threatening the chance to come clean so you don't have to spend more and more on attorney fees, and especially, more time.  A criminal case could be made down the road but the easier stuff should be exhausted first. 

 

The realator (make sure you pronounce it as such, it's funner) is relying on naivete I think, unless she really does have a solid loophole.  In either case, she probably should have contacted happybat. 

 

Happybat, I would go to your county records office and do some research as far as who sold the house, who purchased the house, etc.  Or, if you know someone that works in an escrow or real estated office, they should be able to get a title report (it might be too soon to get the info).  You want to be armed with as many facts as you can.

 

Brandon:  A paralegal cannot give legal advice, by law.  The ABA don't like it and they make it a big deal because they want the lawyers to get the business, not the paralegals.  But all most of the research on this case, if it does get to an attorney will be done by a paralegal and the attorney will sign the demand letter after approving of the letter content.  A demand letter will give some history of the situation and the legal standing fsupporting what the client is entitled to.  It's basically an informal complaint in that it is not filed with the court and is correspondance between the offended party and the person(s) commiting the offense.  It's a very good way to get their attention, esp. if it's on a lawyers' letterhead and it starts by saying "I am the attorney representing Happybat..."

Link to comment
Share on other sites

Because it's not his mom's house legally, it's Happybat and his siblings house. Normally life estates require the approval of all owners to sell so yes Happybat should get an experienced lawyer. I do know a real estate lawyer so feel free to shoot me a DM Happybat. 

Link to comment
Share on other sites

A I understand life estates the life tenant has ownership of the property for the duration of their life and reverts back to the original owner at that point. So I would say that when you had a falling out with your family you probably shouldn't have said "Just consider me dead." I guess you got what you asked for.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...