My friends dad ( I know this sounds crazy, but here goes anyway) traded a chevy lumina for a house and one acre of land. The deed states that this was exchanged between my friend and her husband and the first property owner. He gave the house to her and her husband and they are remodeling the house because it is in desperate need of repairing and intend to live there. So anyway my question is, can her dad take them to court and make them move out if his name is no where near the deed or there is no record of him ever exchanging money or anything for the house?The only record of anything being exchanged is between my friend and her husband and the first property owner.
2006-10-02 15:53:52 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I did just find out that he did sign a receipt saying he exchanged a lumina for the house but that is all his name is on. Does that give him anymore rights?
2006-10-02 16:06:19 · update #1
If the conclusion is that the note and deed of trust “are without consideration” this is tantamount that no one is in default and that there exists no valid indebtedness. Where there has been no valid consideration supporting the promissory note secured by the deed of trust, there can be no valid debt, or any subsequent default on the same.
2006-10-02 16:28:27 · answer #1 · answered by JFAD 5 · 0⤊ 0⤋
The actual owner of the property , as recorded in the records department has to deed over the property. No one else can deed the property to another property.
If you dad got a valid deed, he would file it in the court house. and have a valid deed, if he does not have a valid deed the real owner with a valid deed can make him move out.
2006-10-02 22:59:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Well, I am not a lawyer. In Michigan The owner's name does not have to be on the deed, but the sale should be registered with the county. I do not know if a written agreement (which would have to be witnessed by 2 people &/or a notary) would stand up in court. Sounds like it could happen.
That said, it is not your problem. It is theirs, and to me, it does not sound like it is a problem for them.
2006-10-02 23:02:54 · answer #3 · answered by bob h 5 · 0⤊ 0⤋
It looks like the gift was finalized and the dad has no grounds to remove them from the house.
2006-10-02 22:58:58 · answer #4 · answered by Daniel M 3 · 0⤊ 0⤋
I don't see how if his name is not on any deed to the land.
2006-10-02 23:01:43 · answer #5 · answered by 77 snoodles 2 · 0⤊ 0⤋
if u ever go to court u will need documented proof! hearsay is not honored unless u are the president...
2006-10-02 23:00:26 · answer #6 · answered by dogpatch USA 7 · 0⤊ 0⤋
sorry to tell you this but it would be pretty stupid to take them to court with no real evadence...sorry!!!
<3DJ
2006-10-02 22:58:51 · answer #7 · answered by Anonymous · 0⤊ 1⤋