I paid her what she wanted for a small lot of her land 2 years ago, now that my children and I are living on the land she wants us to move off of it. She never wanted to put anything in writing because she said I would inherit the land anyway. So can she legally just kick us off? And what about the home that is now on the land that I'm paying a mortgage on?
2006-09-18 12:54:08 · 15 answers · asked by sweetaspie 1 in Politics & Government ➔ Law & Ethics
There is your proof, the home you have on it, and maybe she would like the payment along with the land? Family can be the worst to deal with. You really should have got it in writing. She would have to take you to court, so I would call an attorney now to see where you stand. Do you have any proof from a check? I would assume a judge would want to know why your mother let you put a home on her land if she wasn't giving it to you in the first place, and if it may be the case she would most likely have to pay to have you moved, and that won't be cheap. But don't wait, get a lawyer now and prepare yourself.
2006-09-18 13:02:28 · answer #1 · answered by Paulda37 2 · 1⤊ 0⤋
See a lawyer. Look in the regular yellow pages or Yahoo yellow pages for "attorney referral", "legal referral", or "lawyer referral". When I've used these in the past, it cost a very minimal amount, like around $30, for half an hour of the lawyer's time. Many lawyers can assess the situation and either suggest a course of action or tell you if you have a case in that amount of time.
Wrack your brain and see if you can find anything - anything - which indicates that she was selling you the land. A letter to your siblings, title insurance, something on the mortgage paperwork, anything. BTW - is the mortgage in your name or in hers? If it's in yours, how did you get a mortgage for property or a home which you have no proof of owning?
And needless to say, from now on, be sure you get it in writing when you do business with friends or relatives. Or maybe I should say ESPECIALLY when you do business with friends or relatives. You aren't the first or probably the last person to run into this type of problem!
P.S. Some of the other people mentioned checks. That's a good idea - see if you can find the cancelled checks that you paid your mother with. That at least would be something - she might have to come up with an explanation for your giving her money. If you don't have the checks anymore, talk to your bank. Sometimes they keep copies on file.
2006-09-18 13:10:14 · answer #2 · answered by IrritableMom 4 · 0⤊ 0⤋
I think you answered your own question. You referred to it as "her land."
Did you pay her in full up front? Did you agree to payments and now you have missed many of them for some reason? Most parents are not slimeballs who want to put their kids ont he street (maybe yours is, though) unless there is a good reason or lesson to be taught.
Give the real details and you might get a more complete answer, but if you didn't insist on it being on paper, escrowed, and part of the public record, you are nuts.
2006-09-18 13:01:19 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes she can kick you off. That's why you get everything in writing. So now she has your money and the land
2006-09-18 12:57:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋
How on earth did you get a mortgage on a house that is not attached to the land?
Are you sure she didn't have to sign a quit claim to allow the house to be built there?
This seems like a pretty fishy story to me unless your house is a FEMA trailor or something like that.
2006-09-18 13:41:25 · answer #5 · answered by newsgirlinos2 5 · 0⤊ 0⤋
If there is nothing in writing, then you will have a difficult burden of proof. You are going to need an attorney.
Ask the attorney about the partial performance exception to the Statute of Frauds, and the doctrine of quasi-contract in land. The attorney will be able to explain those, and how they may apply to you.
2006-09-18 12:58:37 · answer #6 · answered by coragryph 7 · 0⤊ 1⤋
yes she can do that sorry if its not in writing than yeah she can........i know this sounds dumb but she owns the land and you own the house but since the home is on the land she can evict you...........you need a lawyers advice
2006-09-18 13:02:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes unless you can prove it, no real estate contract in the US is valid unless it is in writing. So in fact a verbal contract is nothing, and how did you mortage a home if you don't own the land ??
2006-09-18 13:54:42 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Sounds like she wants more money from you.However, you wouldn't have been given a mortgage on land that wasn't yours. refuse to leave.
2006-09-18 13:02:43 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Did anyone else hear the two of you make the deal? Did you pay her cash or with a check. The two of you have a verbal contract. I advise you to speak to a lawyer and see what he says.
2006-09-18 12:57:29 · answer #10 · answered by Apostolic Girl 3 · 0⤊ 0⤋