Real Estate Legal Question

[happybat4]

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?

 

[Brandon]

Real Estate Attorney (or authorney for the old school)

[Lifetime]

Get a lawyer

[tdawg87]

Sue up the butt.

[tdawg87]

I mean "out" the butt. Yeah. Out.

[Lifetime]

Real Estate Attorney (or authorney for the old school)

I was going to give the finger wag and "not wise"....

[Brandon]

I was going to give the finger wag and "not wise"....

:/

We gave the same answer, with all due respect.

[Lifetime]

I meant originally, to the OP not in response to you B.

[Brandon]

I thought I couldn't win

[DowningRules]

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.

[Brandon]

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.

[arch stanton]

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.

[Ray McKigney]

Contact Larry H. Parker. He'll fight for you.

[DowningRules]

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..."

[arch stanton]

Once she feeds me the loophole line I'm going for the throat.

[happybat4]

Thanks, I will get an attorney. I was just curious if there was anybody in real estate here that new if this was legal or not.

[Adam]

I would just spit on the realtor and smack her dog with a tennis racquet

[Mudville]

If the offer to settle in Sports Chalet gift cards tell them to stick it.

[Catwhoshatinthehat]

I would just spit on the realtor and smack her dog with a tennis racquet

 

She definitely deserves some spit in the face. 

[Brandon]

Thanks, I will get an attorney. I was just curious if there was anybody in real estate here that new if this was legal or not.

"In" real estate, but not familiar with law.

[Adam]

...and tennis lessons

[Lou]

If this is your mom's house, why does this matter?

[Caralho]

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. 

[Lou]

Meh, if it was my mom, i would let her sell the house if she that's what she wanted to do. It's not like the kids paid a dime for it. (which is my understanding)

 

Then again, i love my mom.

[HaloMagic]

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.