My sister-in-law had to transfer her deed (land) while incarcerated to her mother so her mother could put up the property to get her out of jail (bond). While in jail the second time, her mother, unknowingly to her, sells her deed (land) to another person (she hasn't been to court yet for the first offense). After she was released, she went home to find that this person has removed items from her double-wide and started tearing down things, and is telling her that he intends to have her locked up for tresspassing and various other allegations. Is this legal? The mobile home wasn't on the deed (only the land and an out-building) Could her mother legally sell this property while it is tied up with the court system?
2007-10-13 09:30:38 · 4 answers · asked by Nurse2B 1 in Business & Finance ➔ Renting & Real Estate
Thank you all for your speedy responses, to the last answer on this forum, The judge would not (for reasons I know nothing about) let her put up her own property?? All we do know is that the land only (the outbuilding and doublewide was not on the deed) was sold and cash was given straight to the (so-called) mother. She kept the money for herself and I guess spent it quickly, the court system hasn't received a penny from her and until today had no idea she had sold it. We handled the warrants today, and are seeking an attorney A.S.A.P. I was just curious as to how she could sell the property while it was still under surety bond, I know he reported his claim of the land after purchase to the courthouse records division-but didn't do a title search-I'm sure that was no accident (this is a mess and will lead to several civil suits) We are just going to stand behind her and help her battle these uncaring individuals.
2007-10-15 14:28:49 · update #1
Yes, the person can sell the land as long as the court received the proceeds of the land sale because it was pledged as collateral. The settlement company should have forwarded the bond amount to the court since the collateral was sold and the property bond became a cash bond.
I don't understand why the sister-in-law couldn't post her own property as collateral without resorting to her mother. If she had been able to post her own property, she wouldn't worry about being evicted, etc. Some facts are being withheld from the question making a more accurate answer very difficult.
2007-10-13 14:36:16 · answer #1 · answered by Anonymous · 0⤊ 0⤋
That depends upon what she pledged as security for the bond. If it was only the land, any temporary appurtenance like a mobile home -- especially if registered through the DMV and not part of the land -- would not be covered by the surety bond. If the mobile home is NOT registered through the DMV then it IS part of the land. Since she transferred the deed to her mother (NOT wise!) the mother could then do whatever she pleased with the land and the mobile home!
The separate issue is this: Did she have authority to sell the mobile home? If her name was on the title, then she would of course. If her name was NOT on the title, then she has no right to sell the mobile home. In that case, the buyer has a claim against the person who illegally sold the mobile home. As far as the legal owner is concerned, the buyer is a trespasser and has no right being in the mobile home.
She has a rat's nest on her hands and needs to consult with an attorney IMMEDIATELY to see what her rights are, if any.
2007-10-13 09:58:48 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
I'm from here so I'll help, but I don't know if I can give you good words * SC is the Palmetto State * Has some of the best places to play golf * Before the Civil War, Columbia was one of the best places to be * The movie The Patriot was based on the swamp fox, Francis Marion * the hospitality here is great ( slow pace of life, but I love it ) * If you want to see snow, then this might not be the place for you * home of the mighty Gamecocks of USC * one of the best in state rivalries around ( Carolina/Clemson) Edit: I think between about three of us, you got a good choice of words. I don't think that people should down SC and that's not helping you to do your essay. Good luck and take care
2016-05-22 06:26:17 · answer #3 · answered by syreeta 3 · 0⤊ 0⤋
The double wide is personal prop and not part of the land, so yes the land can be sold.
2007-10-13 09:59:43 · answer #4 · answered by Leo F 4 · 0⤊ 0⤋