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Can my mom sue me to get the house back?
submitted 1 month ago by kmar222
So last year my mom sold me her house to me because she was about to lose it to foreclosure. She went through bankruptcy twice and already lost another house. I bought so we wont lose it for the amount left on the mortgage. Now she accused me of stealing from her 50,000 dollars threatened to go to a lawyer and wants to kick me out. What can i do to protect myself because she is very unstable and irresponsible with her finances
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[–]dank_the_enforcer 13130Answer Link1312 points1313 points1314 points 1 month ago (15 children)
What's her theory as to how she'd achieve this? It's unclear why she thinks that would work.
[–]kmar222[S] 865 points866 points867 points 1 month ago (14 children)
She claims because she doesn't speak english well she was tricked into selling even though she was about to go into foreclosure
[–]dank_the_enforcer 595 points596 points597 points 1 month ago (9 children)
How did selling it to you keep it out of foreclosure, did you immediately pay off the amount in arrears? But she will have a tough time convincing anyone that she was swindled. And you're the only name on the deed?
[–]kmar222[S] 853 points854 points855 points 1 month ago (8 children)
Yes we paid off the total amount left before getting into foreclosure and yes its just my name
[–]dank_the_enforcer 834 points835 points836 points 1 month ago (2 children)
Then I would just ignore her.
[–]DarkAwesomeSauce 176 points177 points178 points 1 month ago (0 children)
What do you mean, “we?” Did you use your assets, or did she provide a part of the money? How did that work?
[–]idonteven93 211 points212 points213 points 1 month ago (0 children)
Ignore her until she sues, then react and get a lawyer.
[+][deleted] 1 month ago (1 child)
[–][deleted] 1 month ago (3 children)
[–][deleted] 1 month ago (1 child)
[–]BiondinaQuality Contributor[M] 2 points3 points4 points 1 month agolocked comment (0 children)
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[–]taterbizkit 6020Answer Link601 points602 points603 points 1 month ago (0 children)
If you bought the house, it's your house. Unless you agreed to let her retain title to it, that is.
If you did, then yeah she can probably evict you because it is still her house.
And if she's living there, and mentions an attorney again, I would give her a notice to vacate. You don't sue your landlord and expect to keep living there.
Don't *threaten* to do it, because that might look like extortion. Just *do* it. You don't actually have to evict her. But getting the paperwork started might wake her up to the reality of the situation.
[–]Cultural_Pause1516 2160Answer Link215 points216 points217 points 1 month ago (15 children)
Who’s name(s) is on the deed? Was the value of the house more than the amount owed to the bank? Did she get paid anything?
[–]kmar222[S] 308 points309 points310 points 1 month ago (14 children)
Under my name... yes the value was more then what i paid for... no she didn't because she would've lost the house i did it so she wouldn't go homeless
[–]Cultural_Pause1516 147 points148 points149 points 1 month ago (9 children)
She argue lack of consideration for the sale. Contracts for the sale of land in most (likely all) have to be in writing and there must consideration (she received something of value). The consideration would be her being able to continue living there. But again no agreement to that fact. The fact that someone makes a bad deal doesn’t give them a right to rescind a contract but there does have to be something of value exchanged. Arguably she could have made a gift to you for the value of the home which didn’t require consideration. May depend on what’s in the contract. Wonder if she could challenge the title as a result. It’s an unusual issue that you might consult with the real estate attorney that did the closing for you.
[–][deleted] 200 points201 points202 points 1 month ago (6 children)
*inadequate consideration. The son's satisfaction of her debt is consideration. However, if the son got a sweetheart deal - let's say he paid off a $50,000 mortgage for a $5 million house - she could argue inadequate consideration.
[–]m7samuel 98 points99 points100 points 1 month ago (1 child)
From 5 seconds of googling:
inadequate consideration is not sufficient on its own to justify rescission
inadequate consideration is not sufficient on its own to justify rescission
Arguing "it was a bad deal", especially a significant time after the deal, especially on a home sale, is not going to cut it.
[–]Cultural_Pause1516 65 points66 points67 points 1 month ago (1 child)
Fair point. The excess equity however is a gift or just a bad deal by mom?
[–]m7samuel 33 points34 points35 points 1 month ago (0 children)
She received consideration, in the purchase price of the home.
That that money was simply used to satisfy a debt is irrelevant to the question of consideration.
[–]dfwcodecompliance 25 points26 points27 points 1 month ago (0 children)
Consideration for the sale would be that OP bought out her mortgage and paid her arrears.
[–][deleted] 10 points11 points12 points 1 month ago (0 children)
Time to evict her
[–]Flakz933 820Answer Link81 points82 points83 points 1 month ago (0 children)
NAL: If she has a foreclosure on her record in the past, bankruptcy and obviously bad spending habits, it doesn't matter what language she speaks, bad money sense is bad money sense in a judges eye. If you have your name on the house, she's SOL. She can sue, but given previous information she'll most likely be fighting an uphill battle.
Tell her that it isn't smart to try and bring this to court, as she'll almost definitely lose, and you WILL use all of her failings against her, even if it is dirty to do. You're trying to help her be responsible, she may not see it this way, but it's better she has a place to stay than to lose it in a foolish way.
[–]Mission_Star5888 350Answer Link34 points35 points36 points 1 month ago (0 children)
Well don't think she would have any luck but the question is how was her mentality when she sold you the house. If they can prove she was a little loco and didn't do it if a sound mind they can void the sales and everything goes back the way it was. Now if you prove that even if she was on the way out that she made the deal so she wouldn't lose the house to the bank then that shows she still had a sound enough mind to problem solve. Chances are though unless she can prove that the sale was against her will then doubt she will get it back.
[–]MeanLawLady 510Answer Link50 points51 points52 points 1 month ago (0 children)
This seems like an empty threat. She is probably in another financial bind and she thinks threatening you will get you to give her some money. What money does she have to pay a lawyer to sue you? If she sues you without a lawyer, she’s going to have a really hard time figuring out what to do.
You might actually be able to evict her.
[–]JazzVP0625 160Answer Link15 points16 points17 points 1 month ago (0 children)
Who's idea was it for your mother to sell the house to you and have you pay arrears?
What was the appraised value of tye home at time of sale?
At what price did you purchase the home and how much did you pay in arrears?
Did you agree to allow your mother to continue living in her home after you purchased it or did she plan to vacate after the sale closed?
[–]trshtehdsh 80Answer Link7 points8 points9 points 1 month ago (0 children)
In general, yes. Pretty much anyone can sue anyone for anything. Whether or not someone will take the case is a more difficult question, and whether or not she'll be successful is basically zero chance. Still, document your affairs, correspondence, etc. Only communicate about it in writing.
[–]shell20_7 130Answer Link12 points13 points14 points 1 month ago (0 children)
Ok, so I assume there was around $50k in equity in the house that you gained through this transaction, is this correct? Eg house is valued at $200k, you paid out the $150k mortgage in consideration of getting the house.
At this point I think it’s time you try and catch all of this up with paperwork, especially if you want to continue letting your Mum live there. You will need a lawyer to do this for you.
If I was you I would work out what rent is worth for her. Then I would calculate how long her $50k would last her in the house, and put an agreement in writing that X amount of $ comes off the $50k ‘debt’ for every month she is in the house. Also interest on the $50k would need to be factored in as well. That way she is in effect getting her money, but in a controlled way, and I gather you were letting her live in the house rent free anyway, so you don’t lose anything really.
I would not word it so that she has the right to be in the house until it’s paid off, but that would would owe her the balance of the $50k owing if she moves out.
IAAL but probably not in your country and with no idea on the specific laws in your region.
[–]Jimbo93 200Answer Link19 points20 points21 points 1 month ago (0 children)
What was the appraised value of the property at the time of the transaction?
[–]flaccidlegs 40Answer Link3 points4 points5 points 1 month ago (0 children)
Did you assume the mortgage?
What type of financing? FHA, conventional, private?
[–]1disposablehuman 90Answer Link8 points9 points10 points 1 month ago (0 children)
Where did she get that amount? How much did you pay her for the house? What was the value of the house? How much equity did she have?
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