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Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27689
Experience:  25 years experience
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A Judge granted eviction due in 30 days for my leach of a sibling

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A Judge granted eviction due in 30 days for my leach of a sibling who was living rent free on the house dad quit claim to me. Our verbal agreement was that he pays for Property Tax, Home Owners Insurance and his own utility bills. Last year he stopped paying the bills and had the Power, Water and Gas reconnected on his son's name ( this sibling has had 2 bankruptcies.) This sibling made an Appeal on the Eviction restating that I don't own the house, blah...blah...His Appeal was denied but he was given 60 days to move out!
I am paying the bills for the house over a year now and my husband doesn't have a job and we are really short on funds.

See here..the house was quit claim to me by our Dad in 2008 who had mild cognitive impairment --he was diagnosed with dementia 3 years later. What is the Statute of Limitation about the Quit Claim Deed and will it apply since I am the fiduciary? Knowing the siblings, they will wait until the last Friday of the 60 days and contest about the Transfer of the Deed. Will it stop him from being evicted from the house?
As I said in my other answers to your question, the deed is in your name and until a proper court action is filed to get the deed out of your name there cannot be a claim that you don't own the property. It would appear that the appeal has already failed. What would cause a problem is if you transferred the property out of your name. Then you would not be the owner and you couldn't evict anyone. The current deed is the evidence of ownership and all of the claims that you do not own the property simply have no basis. The eviction court isn't going to listen to some title argument that has never been decided by the court.
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