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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I have an 80yr friend that is widowed and has lived in her

Customer Question

I have an 80yr friend that is widowed and has lived in her house for most of her life. She has recently tried to refinance her home because of a "loan" to a grandson to buy a house. (that he stopped paying on) She refinanced in 2013 -no problems, is now told that there is a 63,000.00 lien on her property for a septic/water system that she 1. has NEVER been hooked up to 2. was told at a public town meeting ."did not involve her" 3. has never in the past 20 years received any correspondence regarding it,
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Delaware
JA: Has any paperwork been filed?
Customer: She is talking to the bank now and the meeting records can not be found, people that accompanied her to the meeting have since passed, they have no itemized amounts, eexcept for an impact study of 5700.00 and they are saying if she will give them 20,000.00 they will forgive the rest, and for her to roll that amount into her loan refinance. She is caught in the crosshairs- needs to lower her house payment from 750.00 a month to 325.00. Several things seem wrong here-How was she able to get a loan in 2013 for grandson with that lien on it, why not one shred of corespondence from city, 20yrs of something that has never been hooked up and plumber can not find where it would be?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I feel bad because she gave the grandson the money as a "loan" well, he (without her knowledge) bought a house but only had his wife on the title. The grandmother was called the first month when payment was late, called grandson...he explained away "why they were calling her" etc, the next month he didnt return her calls and by month 3, she received notice in the mail that if payment was not made foreclosure procedures were started, then notice of a Sheriffs sale. She tried to get legal changes made but he (grandson) said the money 170,000.00 was a gift. His name is ***** ***** thank you for any advice you can give. Money is extremely tight. She is a frail 80yr old that has been cleaning houses and going without (food, heat, air) so that she can hang one to her home, 14 yr old basset hound, and few chickens(for eggs),
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 2 months ago.

I am very sympathetic with this poor old lady's situation, but I'm at a loss to understand what's going on. How does the lien on her home connect with the loan to her grandson? I can see no possible connection between the two. Are you sure that you have all of the necessary facts? Have you consulted with a local real estate lawyer on this matter?