Well Bad News
Hey Derrick & TCI forum,
After doing a little digging, I found out last week that my Uncle's foster son (Larry) got his name and his Biological fathers name (Willie) on the title of my Uncle's house. Somehow he conned my uncle into taking his name off the title and put his name on.
Larry's in jail now and needs 20K to get out. Willie, his Biological father is selling the house to get bail money, and it seems we (the family) can't get involved seeing he has nothing to do with us.
Now he plans to sell the house and walk away with about 10K pocket. The family has never met Willie and we are totally angry at this situation.
I found out that my cousin (Andre) was never told about the signing and he thought that the house would automatically go to him in case of death of one of his parents. He has been living in the house on and off since his mother 2 years ago.
Last week is when Andre call me saying that A Real Estate person has keys to the property and was showing the house and someone has took all the furniture in the house.
There was an Appraiser at the house trying to get in when I got there. Andre was very mad and wouldn't let the guy in the house. So the appraiser did the outside and left.
I found out that the house is 3 months behind in the mortgage and that a contract was issued on the house to be sold by Willie the seller and Ms. Green the buyer.
I told Andre to get a lawyer to see if anything can be done and take care of his father in the nursing home.
Sorry about this long story, I just wanted to get it out.
I hope this helps anyone in the same situation.
Bud 
CALL AL LAWYER! SUE THEM FOR FRAUD! YOU CAN SUE THEM - BELIEVE ME I DON'T KNOW WHAT STATE YOU ARE IN BUT THIS IS FRAUD!
All states and the Feds have a "Pretermitted heirs " statute. If you are a legal heir (child) and not specifically disnherited, you can sue for your share on grounds you were pretermitted or forgotten. You can sue and file a lis pendens on property and tie it up and prevent sale. You can sue father and son, if son is in jail, he is obviousluy a criminal. DON'T TAKE IT! THREATED TO SUE REAL ESTATE COMPANY AS WELL THAT SELLS HOUSE! File a lawsuit and record a claim against tjhe property. Nop one will buy it do it today!
I would check at the county office to see who's name is on the deed. No one can sale the property without a proper title search. Ask Audre to have a word with his father about the property in question. Find out if the property was transferred to Larry under normal conditions. Audre should have paid a little better attention to what was going on in his parents lives. Nothing against lawyers, but I would investgate as best that I could before giving away a big chuck of the money to lawyer.
The1Bud: SMELLS REAL BAD!!
However, you need to take a look at the Title!
If they (father & foster son) filed a Quit-Claim Deed without a properly recorded Estoppel agreement, bill of sale, Revenue stamps, Taxes, and/or WARRANTY DEED, etc. then they DID DEFRAUD your Uncle.
This would be held as an unlawful transfer.
RUN! FLY! DON'T WALK!!! GET AN: Attorney if you have found this to be the case!
Don't Delay!
DERRICK
[addsig]
Thanks Members
I'm in Chicago, IL by the way!
I'll checked the title and see whose name is on it. My Uncle Fred's not in his right mind, so he can't remember alot.
I know the house was appraised at 140K and being sold for 92K, but I also think the house is in foreclosure proceedings. If that is true then the lawyer's fees should run about 1K a day! I'm checking on that also.
thanks for all your help!
the1bud
the 1 bud,
Glad to meet you.
You should contact your States Attorney Generals Office or Agency that handles Senior Abuse. Use the words 'Senior Abuse' who ever you talk with. This seems like the case to me.
Their service is FREE and they will investigate the problem. Save the money you would have paid to an Attorney this time.
Call right away now, do not delay, the longer you wait the less they will be able to help you.
John $Cash$ Locke
UNCLE FRED did NOT have the Mental capacity to transfer Title lawfully if what you say is correct.
This would REVERSE the previous transfer and the title company would have to re-file the Deed for your Uncle Fred.
The $1K per Day Atty fees for foreclosure sounds EXHORBITANT...they only can charge (REASONABLE FEES) for their actual work on behalf of the lender, phone calls, and court appearances/motions pleadins etc.
Check to get a payoff + re-instatement fee
BUT I'M NOT SURE ABOUT THIS:
Is this the loan your foster cousin & his father took out or is it the ORIGINAL loan made by Uncle FRED?
If it's the first case: Go directly to the Title company and tell them about the Fraudulent Transfer they underwrote...then tell them you plan to SUE if they don't clean things up and make it right...IF THEY DON'T ACT THEN GO SPEND BIG BUSK TO RETAIN AN ATTORNEY!
I'm dealing with a rogue cousin in Mississippi who sold our family's farmland to several investors.
One of these investors while clearing some of the land they illegal bought, is being SUED for WRONGFUL DEATH, by the family of a contractor KILLED when his bulldozer flipped over on him.
We are working through the Title company to clear things up as I write.
The problem of settling with the family occurred when the Insurance company underwriting the Hazardous coverage BALKED at responsibility due to the existing Title-Defects(Not Their client's Fault)!
Boy don't you just Luv those insurance mafia-bozos? They'll take your premiums and then weasel out with the law on their side.
Anyhow, we are just sitting back and awaiting to regain CLEAR TITLE on the Land.
No need to pay for a Lawyer cuz the land ain't gonna LAWFULLY change hands until we (the heirs) get our fair share.
Let me know how things go Bud!
Much Success!
DERRICK ALI
[addsig]