Son refuses to sign papers!

This is a discussion on Son refuses to sign papers! within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; I have a friend who aquired a home after her divorce. She changed her name and her home title.A person ...

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Old May 29th, 2008, 08:20 PM   #1
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Confused Son refuses to sign papers!

I have a friend who aquired a home after her divorce. She changed her name and her home title.A person in the tiltle department advised her that she should put another family member on the title because she was a single person. If anything should happen to her then this person can claim the house if she is deceased. She put her son's name but he did not sign any papers to confirm this and was done without his knowledge. She has almost paid of her mortage and wants to refinance so that she can buy a home in another country for her retirement. But, was told that her son would have to sign the loan. He refuses to sign any papers claiming its his after she dies. What can she do at this point and was this legal for her to put her son's name on the title without his knowledge? She didn't know that this would be such a problem since the person who advised her worked for the title company and knew what they were advising! Need help!!
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Old Jun 1st, 2008, 12:33 PM   #2
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Default Re: Son refuses to sign papers!

She could do that.

If he will not sign she can have them both go into court and get a judge to order this resolved. Her son cannot hold up her transaction if he has no real interest. Or even if he does, if they cannot agree a judge will look at all facts and rule.
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Old Jun 3rd, 2008, 06:50 PM   #3
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Confused Re: Son refuses to sign papers!

Can she go to small claims court and represent the case to the judge herself or does she have to hire an Real Estate Attorney and then go to court?

If she has to hire an attorney how much should she expect to spend ( just an rough estimate). She lives in the state of florida and the city of tampa. She doesen't want to have to pay too much money if she can help it.

Can she bring on a lawsuit against her son for distress and emotion suffering he has caused her because of the signing of the papers(he has denied her any visitation with the grandkids and communication with the grandkids)?

This is not that she is looking for money from him just her money back some how if she has to pay an attorney. Its not fair or right that she has to pay for everything just because someone gave her bad info. when she changed the title to her name.
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Old Jun 5th, 2008, 11:24 AM   #4
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Default Re: Son refuses to sign papers!

It is not normally a small claims type issue.

You will have to use a regular court.
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