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Real estate contract between family members

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Old Mar 16th, 2007, 04:17 PM     #1
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Confused Real estate contract between family members

A family member signs their home over to their parents and they all sign a contract stating the parents would sign the house back to the family member when the family member is ready. During the time the home was in the parent's names, the parents have gone through a divorce. The father lied on the stand and said, he changed his mind about signing the home back to the family member and also said, he loaned this family member over $180,000.00 during the time he had their home. Then he said, it was not a loan. When the father was asked on the stand about why would you loan someone money like that if the other person was not able to pay it back, his response was, that is what families do and this member is no longer part of the family, so it is now a loan. He also said, that he figured this person would pay it back when one day they would come into money. The mother denied any loans and so did the family member. The father said, he took out loans on his home and therefore he loss his own home to the bank. The mother said, they never took any loans out to give to any family members. They loss their home, because the father refused to pay the mortgage or give his wife money, so she could pay it. The father did not have to show any documental proof of a loan, or any bank statements or mortgage papers showing any loans against their home in the last 3 years as the father stated. The father also was caught in lies. The judge gave the father the right to sell and list the home, because the judge said, the wife would not let any real estate agents into their own home to try to sell it before the bank took it back. The wife had 2 real estate agents come into their home and to try to list it and both companies refused to take the home. No equilty in the home and it had to have repairs done on it. It would have cost both father and mother over $26,000.00 out of pocket to sell the home. Money they would have to have upfront. The wife had one of the real estate agents come to court to testify. The agent said, she went through the house and her company, Windermere refused to list it. The agent also said, their was no equilty in the home. But the judge insisted their was over $100,000.00 loss of equilty due to this family member and not listing the home. The judge got this information from the real estate agent that the father hired, but was never at the home and never did any checking with what was on the mortgage. That agent was also got in lies.
When the family member's house was sold, the wife was not aloud to sign any mortgage papers or see them. She was also on the title and loan papers. The judge never took her rights away. The father's attorney added his owns words into the court papers stating, that the father is to sign all papers reguarding the home. The judge never stated anything like that. Just to list and sell the home, but both would have to agree on things. There was no money given out to this family member. No loan. It never happened.
Can a made up loan be inforce without any kind of documental proof or contract for that large amount of money between the parties?
When 2 people are on the title and on mortgage papers, can one person sign for the other? If no, is the house legally sold?
Can attorneys add what ever they want to court papers, even when a judge did not say it, and still be inforced?
This happened in Washington State.
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Old Mar 17th, 2007, 09:22 AM     #2
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Default Re: Real estate contract between family members

The judge helps decide on the evidence presented...and the lawyers can agree to any point if all sides agree. But after that if you don't agree it is back to court. It sounds like you may need a closer relationship with your lawyer.
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Old Mar 17th, 2007, 12:59 PM     #3
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Default Re: Real estate contract between family members

Like I said, there was no evidence presented, just the father's word. In Washington State, can someone go to court and say without any proof that someone owes them money and they win? Even on Judge Judy for just few hundred dollars, she has to have proof. What is the law in this state about loaning money? Does it mean when someone is mad towards another person they can take that person to court and make up story about loaning money to the other person just to get back at the other person and make them suffer?
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Old Mar 19th, 2007, 12:38 PM     #4
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Default Re: Real estate contract between family members

The judge has to believe it for some reason--there has to be some reasonable basis. You can appeal if not.
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