i purchased a house with my brother, when he got married his wife wanted a new house they couldn't afford so he asked me if i would sign off on the deed let his wife be added refinance our house to get the down payment for their new house when this was done my name would be replaced on the original deed the way it always was, when his refinance was denied that promise never took place now he wants to sell our house with no consideration to me, in the mean time they abandoned the house she left him and he soon followed her to new home they stopped paying their part of the mortgage i saved the house by filing bankruptcy and have made those payments and trustee payments but they act like this was their home all along and they don''t have a answer for defaulting on the mortgage only thing they can say is we're on the deed. i want my name back on the deed as promised and also the mort. co. removed him from mort. since he hasn't been the one paying.
2007-07-12 14:21:22 · 4 answers · asked by ? 3 in Business & Finance ➔ Renting & Real Estate
yes my name is on the originial deed,but not on the refinance because i did sign off in a effort to help my brother and his new wife to refinance and get the down payment on a new house for them, but they were denied and the promise to put my name back was broken.
2007-07-12 18:10:12 · update #1
I agree with the other answerer about you needing to seek legal counsel on the issue.
I have successfully sued on estoppel issues and succeeded but only when I knew and my attorneys agreed the facts were irrefutable.
Go see this definition on estoppel
http://www.lectlaw.com/def/e040.htm
Best of luck to you
2007-07-12 14:44:12 · answer #1 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
Is there any contract covering the origional placing of your name on the deed an your refinance?
If not, it's 'he said she said`, with your case resting on 'sui bono` assertions. - Iffy
In any event, if you're on the deed he can not sell 'with no consideration to you` since he can't get your signature to authorize the sale.
Ask a lawyer in your area instead of asking here.
It's worth the fee for a consultation.
2007-07-12 21:36:46 · answer #2 · answered by Irv S 7 · 0⤊ 0⤋
You need a lawyer. Your problem is too complicated, and every state is different. I know that one option is suing for partition- but really, you need a good real estate attorney to sort through this with you, who can guide you into the quickest resolution-and watch out, because the legal expenses are through the roof. Best of luck to you. It is just heartbreaking when family turns on you.
2007-07-16 21:37:25 · answer #3 · answered by es 5 · 0⤊ 0⤋
I hope others read this post and learn to never enter any agreement on "good faith" - no matter how close you are, always get it in writing to avoid any misunderstandings down the road.
You might be able to litigate this, but if it is a case of he said/she said, this is weak at best. You MUST talk to an attorney as soon as possible.
2007-07-13 00:32:12 · answer #4 · answered by godged 7 · 0⤊ 0⤋