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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32323
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My question is, two year ago my wife and I entered into a

Customer Question

My question is, two year ago my wife and I entered into a contract for deed to buy our house. The only reason we did this is for the interest.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Montana, sorry I didn't finish. When we entered into the contract there was a stipulation if we wanted to get a lien on the equity we could. A month or so ago we decided we needed to get a home equity loan on the property. The bank said we would need a notorized statement from an attorney with all parties signed stating we could borrow against the equity. We received the statement from the attorney, we all signed and notarized the statement. I ordered 15,000 dollars of equipment (hvac) to install in the house. Now we need the mother in law to go to the bank and finish the process to sign the deed of trust. Less than 16 hours before we are supposed to sign my mother-in-law decides she doesn't want to sign. We call the bank in a panic and ask him to hold off. Then my mother-in-law decides she will sign. I take a day off work we travel to the bank and we all sign. The banker says we have three days to back out. Today my mother in law wants to back out. I want to know if I can sue her for every ***** she has for breach of contract. Without this note I will be put in a financial tumbling house of cards.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Montana (2)
JA: Have you talked to a lawyer yet?
Customer: not yet it is saturday
JA: Anything else you think the lawyer should know?
Customer: My mother in law was coaching my wife on ideas for home improvements "you should get new counter tops, you should refloor the kitchen, you should get these curtains, ect....
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Well, you can sue her for breach of contract since it appears there are all the elements of a contract here (offer, acceptance, and consideration) but you can't sue her for "every ***** she has". You can sue her for whatever damages you end up suffering and you can sue for your attorney's fees. In addition, you may want to talk to the attorney and see if they think the judge will order "specific performance" on her part whereby she is ordered to sign the documents or ordered to not rescind her signing of the documents. That is a possibility although it is a remedy that you rarely see used.

If you don't have a lawyer you can find one to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.