He will not sign a release, does not contribute toward expenses and has stolen a large amount of money from me. He has a drug problem. My health is fragile and I am unable to run the home alone. I have considered foreclosure but am afraid of the expense involved. Any advice will be appreciated.
Consult a lawyer for options. Contact a realtor for appraisal value. Good luck to you.
the other S.
ETA: if you can prove he's stolen money from you? You can file charges with the police. Son or not. That's not right.
________________
Welcome to mamapedia!
You need a lawyer. Non one here can help you. Sorry.
Only a lawyer can advise you as to your legal rights and what you can do legally to sell your home.
Good luck!
You seem to be messing up terms that anyone who has tried to remove someone from a deed would know. Your son is on the deed? He is not listed on the property, what does that even mean? He will not sign a release, you mean he will not sign a quit claim deed? He stole a large amount of money, I assume from an account his name was on? Did you file a report with the police?
If this is a real post you need and attorney. It sounds like you raised a loser that can't support himself. If that is to continue create a trust. Flat fee, he will be able to live until your money runs out
I'm sorry you are in this situation.
I can't help you. You really need to speak to a lawyer. You need to bring the deed and mortgage paperwork with you too. How did he get on the Deed?
What do you consider a large amount of money? Was it all at once or over time? If you can prove it like others have stated? You need to file charges and have him prosecuted. It's sad when a child, even as an adult, steals from their parent.
You're going to need a lawyer.
How did he get on the deed in the first place?
Can you prove how much money he's taken from you?
Maybe a lawyer could say what he's taken constitutes you buying out his share of the house.
If the value can be considered 'paid in full', then maybe it'll be easier than you think to get the house just under your name so you can sell it.
A realtor will not be able to do anything but maybe give you a value on the property. If your son is on the deed and refuses to sign a quit claim to sell, you will have to take him to court for partition. The judge would decide if the property would be sold, as well as how any proceeds would be handled if any. This is very expensive and can get drawn out.
I agree that you need to do something to intervene in his thefts. Pressing charges, as difficult as it is with one's own child, is sometimes the lifeline the addict needs. He has a better chance at professional help if his other options are limited. Once clean, he might see his way clear to sign over the house.
You don't say why he's on the deed. If you were manipulated, or even if you weren't, you need a real estate attorney. Call some local realtors to get referrals if you don't know of any attorneys, and see which names come up the most. They can help you with timely advice re foreclosure, short sale, and getting your own name back on the property.
Take a good friend with you to help you remember the details of any meetings, and to take notes. You might consider getting a post office box (not expensive) for all the sensitive mail you get that your son shouldn't see - bank statements, mortgage info, communications from the bank and the attorney, and so on. If you have his name on bank accounts or on the safety deposit box, change them now. Move any bonds, stock certificates and other important papers to a new safety deposit box if you have to, and leave the key with a trusted friend.
there's a difference between property and deed. Just like there's a difference between a deed and the mortgage.
The mortgage is in my name. My husband is on the deed. You need to contact a real estate attorney.
If you have proof that your son stole from you? You need to file and press charges. If his name is on the account? It's not stealing. You'd have a tough case to prove. If his name is not on the account? And money was withdrawn by him with a check that was not signed by you? You have a case.
I would consult a real estate attorney as well as a local realtor to get a big picture of your available options. The realtor part will be free and the attorney should be a quick visit so it will be a minimal but necessary investment. I'm sorry. Hang in there!!
In what role is his name on the property? For instance my husband now of twenty plus years was required to sign a quit claim deed when we first bought the house twenty years ago.. He is now on the property. In his case it was for my protection since he was becoming a citizen. In your case if this is also a quit claim it might of actually been for your protection rather than a problem. This seems to be a two part situation one that is legal and the other that requires a look into how to solve his addiction problem. So first is for you to find someone to really read your home contract and explain it to you (yes, lawyer, legal hotline, real estate person, perhaps even call a law school or paralegal program and address that-and second you can call and get some answers as to where to go if you call NAMI (National Assn. for Mental Illness) (sorry to make you look it up-I don't have it handy for now). I realize you feel unhealthy at this point, but some of this requires homework and making calls. And it seriously might make you feel better if you solve some of this. Good luck!
another one suggesting a lawer and a realtor
Call the police.
Best of luck!
Lawyer? Have you talked to a real estate lawyer?
