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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 117375
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Bought house in Feb. 2014 from S who will carry the note for

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B bought house in Feb. 2014 from S who will carry the note for 20 years. B became ill fell behind 3 or 4 months in house payments and property taxes. F contacted S before lending W $5,000 and previously loaned B $3,000 to B for the closing. F contacted S regarding the situation. Later the 3 met at B's home. B does not speak or read English, F was interpreting. B was told that S would foreclose on B if she does not grant F a 50% interest in her half interest to the property ( B's father owns the other half). B felt she had no choice but to adhere to their demand. S's lawyer drafted a warranty deed giving F 100% of B's interest not half of B's interest! F demanded that B leave the premises, B refused. F has been renting the apartment out to a tenant and keeps the money. The monies F has collected in rent has now exceeded the money she had loaned to B. What can B do if any to take F off the warranty deed. Will B succeed by arguing duress, and unconscionability. B continues to pay the monthly mortgage payments while F collects approx. $800.00 in renting the apartment! Often times B is left paying the renter's utilities when they claim they can't pay it. The mortgage is for twenty years!! This is totally unfair!
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the deal was for only 1/2 of B's ownership interests then B should not have signed the contract if it said otherwise. However, if B did sign the contract then she has to prove that she did not understand English and that F did not properly interpret the nature of the deal to her to seek to void the contract she signed and seek to recover her money. However, if she loses, there is no way she should be still paying any mortgage, that would be F's liability, not B's liability if he took the property.
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Customer: replied 8 months ago.
I'm sorry for long delay I had to travel out of town. Initially B and her father bought the property together. Father did not agree to the deal and did not sign the warranty deed giving F half interest in the property in question. What cause of action must B file to resolve the title issues? Would it be a trespass to title cause?

Thank you for your reply.

B must file a petition to quiet title in order to settle the issues here with the title if father did not agree and did not sign the warranty deed.

Customer: replied 8 months ago.
If in the purchase agreement there is no mention of whether or not B can sell her 50% interest to someone without her father's consent and B transfers her 50% interest to her friend, F; would the fact that B transfers the property by way of a warranty deed without her father's signature make the transaction unenforceable?
Thank you for your reply.
If there is a good chance the transaction is voidable, but it would have to be for a court to determine in a quiet title action. It is not necessarily automatically void.
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