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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12249
Experience:  JD, MBA
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This may be long winded, but bot***** *****ne is my mother's husband

Customer Question

This may be long winded, but bot***** *****ne is my mother's husband is trying to sell our property. Property is in Valley Center Kansas and is held by my mother (under her former married name), myself and my brother as joint tenant wros. Every realtor I've spoke with has said that he (the new husband) cannot sell the property without all our consent. Two years ago he tried to sell the property, but discovered that my brother and I are on the deed and he could not. Then about 4 months ago he decided to get a loan on the property and brought over paperwork thinking I would sign it. I called the banker who informed me that my and my brothers consent as well as our spouses was required. Also if the new husband defaulted, we would be liable. We did not sign. New hubby not happy!!! Then he tried to get another loan on the property conditionally that all owners were informed of the loan. Again, all owners consent needed and that did not happen. On June 17, Wednesday he informed us he and my mother (who by the way has mild dimentia) are moving to a senior facility in Ponca City. That's not a bad idea as the current property is 5 acres and a lot of work for an 83 year old. At the same time he told me he was having a sale on Sunday the 21st. Well, many of my grandparents heirlooms and much of my dads have been stored there so my brother and I made a mad dash to retrieve those items as well as family photos prior to the sale. He had the sale. I tried to contact my mother every day since to no avail until last eveninng. At this point I asked about the sale and she said he sold everything including the property. I asked how he thought he could do that without us and who was the buyer. She did not know. I finally asked to speak with him. He refused to tell me who he was selling the property to. He also told me he did not need me and my brothers consent to sell the property, only my mothers signature. He also said the buyer was bringing him a check on Tuesday.
Since this is my brothers and I's inheritance (my dad he us set up the deed with all three of us to "prevent ne'er do wells from taking advantage of your mother". And this guy is a con from the word go.
What can we do to make sure the sale is legal? Is there a way we can stop the sale legally? We do want to sell the property, just want to sell it legally and have the proceeds go first to back taxes, then divided equally between the 3 of us. Time is short as my fear is that he will swindle some uninformed buyer , take the money and disappear. Note, he has a history of swindling women out of their properties. We discovered that my mother is his 9th marriage. Please advise.
Thank you very much.
Debbi ***@******.***
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. Q: What can we do to make sure the sale is legal? ... my fear is that he will swindle some uninformed buyer , take the money and disappear.A: To be honest, that is not really something that you need to worry about. You'd still own your share of the property. Moreover, I can hardly imagine a buyer being that uninformed. Certainly, he'd never be able to get a mortgage loan to buy the property under these circumstances because at the least, the mortgage lender will have a title search conducted. Any buyer who has enough cash to buy the property outright without a mortgage would surely be sophisticated enough to know that he should have the title reviewed first. If I were you, I would likely ignore him and the supposed sale. It sounds like the husband is just trying to cause you frustration. Clearly, if you and your brother are joint tenants, then the property cannot be sold (albeit your mother could technically sell just her share, though I can't picture anybody willing to buy a 1/3rd interest in property with 2 strangers).Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.