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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5735
Experience:  20 years professional experience
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Girlfriend conned my Dad into transferring ownership of s

Customer Question

Girlfriend conned my Dad into transferring ownership of his house to her and now she has run up a mortgage due on the house and can't repay. She has not defaulted on the loan yet. Unsure of what to do so the house is not lost to foreclosure if I turn her in
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Maverick replied 3 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Answer: If dad transferred the house, he probably did what is known as a quitclaim deed. The house can be transferred back to dad using the same type of deed. It is unlikely that he was able to transfer the mortgage to her, however. The banks normally refuse such requests unless the girl friend qualifies for a whole new loan and pays off the existing one. So, probably dad is still liable on the note. There is not much that you can do here other than keep making the loan payments on a timely basis.

It may be helpful for you to know that going to the police with this likely to be a complete waste of time as they will give you the standard response "This is a civil matter." Your dad will need to file a fraud action against her and try to get a court order titling the property back to him if she will not agree to do it voluntarily.

Customer: replied 3 months ago.
There was no mortgage on the house. She ran up an equity loan or mortgage on the house. She told him she needed proof of residence to get custody of her son. He is in a assisted living home after having a stroke. Didn't find out about her taking him to an attorney so he could sign it over till many months later
Expert:  Maverick replied 3 months ago.

If she ran up a loan in her name and used the house as collateral, the same thing applies. You will need to keep current on that note on her behalf until you can get the house transferred out of her name. Or, you can also use this as an opportunity to buy the house back from her in exchange for agreeing not to sue her and helping her out a bit on the debt (i.e try to work out a settlement).

Customer: replied 3 months ago.
My Dad cannot afford to make the $900.00 payment as well as his Assisted living payment. Do I need to file a lawsuit against her? She also used his credit cards without his knowledge and ran up $30,000 worth of dept and ruined his credit.Had PO boxes in other cities to hide the bills
Expert:  Maverick replied 3 months ago.

Yes, you will need to file a suit against her because until a judge orders her name off the deed to the house there is not much you can do to save it. She controls that home as long as her name is ***** ***** title. Claims for fraud and civil conversion [ the civil version of a theft charge] come to mind.

Customer: replied 3 months ago.
With no money to retain an Attorney was is the best way for me to handle this? If I go after her she will stop making payments and the house will be lost and if he should pass away before this is handled she'll walk away with the house
Expert:  Maverick replied 3 months ago.

Well, I mean if she has the loan in her name, she cannot just stop making payments on the house as she could be sued on the loan and it would effect her credit. On the other hand, if her credit is already bad and she owns no assets other than this house, then there is not much that anyone can do. But, I agree there are no easy answers here. For some things there are no solutions.

If you cannot hire an attorney then you may have to try to sue her on your own. Once you file suit, there are emergency depositions that can be taken to preserve your dad's testimony for trial; but I mean it is also wishful thinking that anyone can learn all of this in a few weeks or months when it takes lawyers about 7-10 years to learn how to do it even after law school.

I know this is not the answer you wanted to hear, but I am assuming that you are wanting a professional and honest answer.

Customer: replied 3 months ago.
I appreciate your help. So feeling like this is a lose lose situation. She has a fair paying job ($60000yr) and I don't know where the money went. I would think that if the court knew she took a man that had a stroke and talked him into signingbhis house over behind my back that there would be some recourse.And starting credit cards in his name and charging up to $10000 per card without consent would be punishable by jail time wouldn't it?
Expert:  Maverick replied 3 months ago.

Yes, theft in that amount is usually considered a felony with substantial jail time being possible.

Customer: replied 3 months ago.
That's the troubling part. If we send her to jail the house is lost. If I can get her into court over the house case is it possible the could be a judgement where her wages would be garnished until loan in house is repeated?
Expert:  Maverick replied 3 months ago.

Yes, many states do allow wage garnishment. Some states do not allow it except for things like child support, alimony, and student loans.

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