Real Estate Law
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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.
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).
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.
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.
Yes, theft in that amount is usually considered a felony with substantial jail time being possible.
Yes, many states do allow wage garnishment. Some states do not allow it except for things like child support, alimony, and student loans.