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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 11710
Experience:  Licensed General Practice Attorney, Texas
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My family is selling the house I have been living in for 3

Resolved Question:

My family is selling the house I have been living in for 3 years now that my grandma has passed away. They are suppose to use the money from the house I live in to pay off debts. Well for the past year I have been paying off a loan my grandmother got on my house for roof. My Aunt and uncle have became the ones in control of everything. I have worked with him and continued to pay the money for the loan until everything was solved. Now we come to the point where the house is being sold I'm am trying to get approved for a mortgage to pay for the house. My question is should I have to continue to pay the money for the loan?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 1 year ago.

ScottyMacESQ :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacESQ :

You mention that this is "your house". Is it in your name (that is, a deed given to you with your name on it, filed with the deed records?) And is the loan a home equity loan secured by the house (such that non-payment would mean that they could lead to foreclosure?)

Customer: The house was in my grandmother name, until her death now every belongs to my aunt. She wants to sell the house to pay of debts and a far as my knowledge the debt is only 7,000.00. So once I bought it for whatever they have it appraised for they would split the rest between siblings if that's even true.
ScottyMacESQ :

And what can you tell me about the loan? Is it a home equity loan, etc..?

ScottyMacESQ :

(that is, secured by the property)? That is, who made the loan?

Customer: The loan was take out by my grandmother to do renovation was in her name but since I was the only one living here my grandmother and I had an agreement for me to pay off the loan as a form or rent but prior to that I was asked to live her and maintain the property.
ScottyMacESQ :

Was the agreement between you and her in writing? Do you have anything in writing with your aunt and uncle regarding that loan or buying the house?

ScottyMacESQ :

Are you there? Please note that I am still here, awaiting your response...

Customer: Here
ScottyMacESQ :

I asked "Was the agreement between you and her in writing? Do you have anything in writing with your aunt and uncle regarding that loan or buying the house?"

Customer: There has never been nothing written and my feeling is they are trying to get me for ever dollar before I buy the house so they can receive as much cash possible, and this house was bought for my family to live in and I'm trying to all I can to keep it
ScottyMacESQ :

If that is the case, then there's really nothing that they can hold you to, however they can still take you to court for breach of the agreement, even though your grandmother has passed away, if the estate is still open and they are the court appointed executors. As to what you are legally required to do, that entirely depends upon the contractual relationship between you and your grandmother (and her subsequent estate following her death). That means that they would need to prove the elements of a contract (oral) that would be breached if you did not pay it. That would be an offer, acceptance, and consideration. In short, if you agreed to pay something in exchange for your grandmother paying something, then that would be the elements of the contract, but if this was "gratuitous" (in that she didn't benefit really from it) then that would not be contractual, and no one could hold you to something that is not a contract.

ScottyMacESQ :

Furthermore, since it benefits the property, it would be difficult to establish that there were any "damages" that would need to be proven in a breach of contract action if you were to just walk away from payingthat.

ScottyMacESQ :

personally if I were you I would want something in writing from all the other beneficiaries saying that they are going to sell the property to you.

ScottyMacESQ :

This is what's known as a purchase and sale agreement.

ScottyMacESQ :

you can find a copy of a purchase and sale agreement here: http://www.browsethishouse.com/GeorgiaPurchase-SaleAgreement.pdf

ScottyMacESQ :

if you are serious about purchasing this property from the estate, this is something that administrators of the estate (or executor in the case that there was a will) would need to sign indicating that there was a contractual agreement between you and the estate to purchase the house for a certain amount of money.

ScottyMacESQ :

Again, while it is possible that there is an oral agreement between you and your grandmother, it sounds more likely that it would be a gratuitous situation where your grandmother paid something without actually benefiting, and if that is the case then you would not be legally required to pay for the loan. Now if you were not to pay for the loan, there could be certain consequences, in that the executors may not sell you the house, or might require more to be able to sell you the house (since you do not have a written agreement)

ScottyMacESQ :

so while you do not have an obligation to pay for a loan, not paying the loan could still have negative consequences. Of course you could make continuing to pay the loan contingent upon them entering into a purchase and sale agreement with you.

Customer: So asking as are last verbal agreement was for them to sale the house with me being first chance at buyer, I shouldn't have to pay these monthly payments that are now there problems even though I'm still in the house because as far as I know I know there is some one coming to appraise the house this week from there side and I'm working to get mortgage meaning we are done with loans and getting to the sale of the house
ScottyMacESQ :

if your agreement with them was to continue to pay for the roof loan in exchange for you being the first chance at being a buyer, and they are no longer offering the property to you and are looking to sell to another, that would be a breach on their part, and you would not need to pay the loan. (I think that is what you were asking...)

ScottyMacESQ :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacESQ :

Did you have any other questions before you rate this answer?

ScottyMacESQ :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacESQ :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacESQ :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~50 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

Customer: So I should for now continue to pay it under the terms I get a written agreement that I will get the opportunity to buy house before it actually goes up for sale
ScottyMacESQ :

Yes. I would absolutely do that. Make sure that you get it in writing, so that you can enforce it should you need to.

ScottyMacESQ :

Did you have any other questions before you rate this answer?

ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 11710
Experience: Licensed General Practice Attorney, Texas
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