My Uncle called me and asked for help. I told him to talk to an Real Estate Investment Lawyer. But, I was wondering if any of you have a solution or path he should take.
First his credit is bad, but getting better. I don’t know his exact FICO Score.
His Father-In-Law bought the house he lives in now, & financed the house to him. He has paid the mortgage payment for about 7 years. Unfortunately, the house was not titled to him & is still in his Father-In-Laws name.
The house has grown in equity and is now worth about $120K, while he paid about $75 K for it.
My Uncle & Aunt want to sell their home and move to a new one. Their Father-In-Law has title & never registered the transaction with his daughter & my Uncle.
Do you have any ideas? They are afraid if the stay in their house, if something should happen to her parents, that they would lose the house to her brothers & sisters. (Not a close family & brother will be executor of will when the time comes.) How can they get their equity & get out? What tax liability issues are there if any as well. They claimed Mortgage interest deductions on taxes.
It sounds like the advise of a lawyer would be helpful.
I am not a lawyer, but here are my 2 cents.
There is no title issue here. It sounds like they had a kitchen table closing and your uncle never got a DEED.
All he needs to do is get a DEED from his father in law. There doesn’t seem to be a “cloud” in the title.
Conversation would go like this (preferably from the daughter).
“Hey dad, remember when you sold us the house? Well it seems WE (don’t blame him) We all forgot to record a new deed. It looks like we should’ve have done that. I went to Office Depot (or from the internet or whatever) and found this Warranty Deed (or Quitclaim deed, they should get whatever they can get) and all we have to do is fill this out and go record it. Can you sign this? Great, thanks dad, I Love You!!!”
GET THE DEED!!!
There is no title issue until he dies his other children come collecting.
Believe me I know what I am talking about. I have 2 properties (I never own, always controlled) in my dad’s name and my mother died almost 3 years ago. Well guess what, my sister got greedy and she demanded that the properties get included in probate because they were in my dad’s name and therefore they belonged to my mother as well. She stands to make 25% of whatever MY 2 properties are worth. One is my family residence (my wife is LIVID) and the other a small commercial building (medical office). Toghether worth perhaps over 1/2 M. My mistake was having those properties in my father’s name.
Now I know better, LAND TRUST LAND TRUST LAND TRUST!!!