Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

1. I used the equity in my home approximately 7 years ago to…

Customer Question
1. I used the...
1. I used the equity in my home approximately 7 years ago to purchase my son, daughter-in-law and at that time, two children. (Now 4)
2. The verbal agreement was that the house remain in my name until it was paid off. Terms were for 17 years, with them making the monthly payment, paying taxes and insurance.
3. For the past year, there has been a major gambling problem and they have made no payment on the house for the last 4 months, let the insurance on the property lapse, and paid no real estate tax. Other debts have also not been made.
4. Unfortunately, I need to remove them from the property because I am semi-retired and can no longer afford to support them. I have also been excluded from all birthday and holiday activities.
5. There is approximately $20,000.00 left to pay on the loan. I know t
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
1/19/2016
Real Estate Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,210
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that you're having trouble with your son and daughter-in-law.

It appears that your question got cut off. Can you take a look and fill in the part that's missing? I apologize for the inconvenience. It would also help to know which state the house is located in. And can you confirm whether your name is ***** ***** name on the title and/or the mortgage?

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
The house is located in Tulsa, OK and is in my name ONLY.The rest was not important.
Customer reply replied 2 years ago
The rest was just frustration and hurt feelings.
Real Estate Lawyer: Lucy, Esq., Lawyer replied 2 years ago

I'm sorry. This sounds like an awful situation for you. But thank you for letting me know.

I'm typing an answer for you now and it should be ready in just a few minutes.

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
Great, thank you so much.
Real Estate Lawyer: Lucy, Esq., Lawyer replied 2 years ago

A verbal agreement that you'd transfer the house into your son's name when it's paid off would not be legally enforceable, even if they had gone ahead and made all the payments. However, since they're not paying, they really don't have any legal claim to the house, because your obligation to transfer title isn't triggered until they finish making the payments. At this time, they're essentially your tenants because they're in the house with your consent under an agreement that they'd make the payments. And that actually means you can have them evicted. The law says that a landlord can ask a tenant to either move out or pay the amount owed in full by serving a 5 day written notice. If they don't or can't pay, you can go to the local courthouse and file forms to have them evicted on the sixth day. The courthouse should have forms you can use to open the case. This site has more specific information on the process that might help.

http://www.landlordguidance.com/eviction-notice-forms/oklahoma-eviction/

Now, an eviction means your grandchildren are also evicted, so if you prefer, you can get a judgment against them for the money you're owed, which includes the mortgage payment, property tax, and insurance. You're allowed to ask for up to $7,500 in Small Claims Court, but it sounds like they might owe you more than that. If it helps, you could divide the property-related cases into one lawsuit and save payment on the other debts into another. That's an option.

If you can establish that the children are in danger because their parents are not looking out for their health and safety due to their gambling addiction, then you can get the state involved to ensure that the children are cared for. But if that's not the case, I'm sorry to say, Oklahoma law allows married parents to decide on their own who can and cannot see their children. Grandparents have no legal ability to bring a lawsuit in this situation unless you can prove that they're unfit parents. That's tough - and it would be best to have a local attorney help you because the law isn't on your side. The best chance you have at seeing the grandchildren is to see if you can appeal to your son, get him to agree to do the right thing.

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
What type of attorney handles this type of case? How can a 5 day written notice be served? Certified mail, etc. I really don't want to handle this myself but I would be open to sending the 5 day written notice myself.
Real Estate Lawyer: Lucy, Esq., Lawyer replied 2 years ago

A landlord/tenant attorney would handle evictions. Or if you found a litigation attorney, they could handle the eviction, any other debts you're owed, and possibly if you wanted to have your son and his wife declared unfit parents.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Lucy, Esq., Lawyer replied 2 years ago

If you have any questions or concerns about my responses, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,210
32,210 Satisfied Customers
Experience: JA Mentor

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
A landlord signed the attached agreement with a real estate
A landlord signed the attached agreement with a real estate to rent a few apartments. The landlord has his own listing on streeteasy that state by owner no fee. a secondary real estate contacted the o… read more
Lori
Lori
Juris Doctor
1,311 satisfied customers
Have a small real estate transaction for a small commercial
Have a small real estate transaction for a small commercial property in Lorain, Ohio. Presently renting this facility to tenant that now wishes to purchase. It is on its own parcel and is adjoining a … read more
Michael Gonzalez
Michael Gonzalez
JD
578 satisfied customers
I think a person failed to be honest in a real estate
I think a person failed to be honest in a real estate situation … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can an attorney in local govenemnt sponsor real estate
Can an attorney in local govenemnt sponsor real estate agents as if he was a real estate broker? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,552 satisfied customers
Real estate mortgages, I got a mortgage with an adj rate its
real estate mortgages , I got a mortgage with an adj rate its the 1 year libor plus 2.25 percent, is this ok or would the treasury index been better ?… read more
Lori
Lori
Juris Doctor
1,311 satisfied customers
As real estate question. 1988 divorce, deed to be held as
As real estate question. 1988 divorce, deed to be held as tenants in common, husband awarded use and occupancy, while wife is required to pay 50% of all repairs and maintenance. When youngest chums ti… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,552 satisfied customers
Real Estate What are the odds that a home sells better if it
Real Estate What are the odds that a home sells better if it is empty except for a few staged items ...like a picture or 2 and some bathroom towels? What else would you suggest?… read more
Michael
Michael
Research Librarian
Bachelor\u0027s Degree
116 satisfied customers
Is it legal to purchase commercial real estate with just a
Is it legal to purchase commercial real estate with just a closing attorney? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
In a transaction involving a "gift of real estate" there is
In a transaction involving a "gift of real estate" there is no consideration (it's a gift). If the gift deed is recorded is it protected from third party claims or can it be challenged because there w… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Real estate Question Can you define “wholesale real estate”
Real estate Question Can you define “wholesale real estate” & “Bandit”sign? Also, are bandit signs legal in Michigan?… read more
LegalGems
LegalGems
Juris Doctorate
11,899 satisfied customers
Need a real estate lawyer in city. I signed a real estate
I signed a real estate contract without my thinking through but would like to cancel the contract. what can I do without getting sued? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
What is the statute of limitations on a real estate
What is the statute of limitations on a real estate transaction that is based on an earlier created FORGED Deed. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,808 satisfied customers
Is an Agreement for the Sale of Commercial Real Estate
Is an Agreement for the Sale of Commercial Real Estate binding if only the Husband signs the Agreement although both the husband and wife are on the deed for the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Is there a real estate loan for business where the borrower
Is there a real estate loan for business where the borrower pays monthly for several years and then closes the loan with a large balloon payment?… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,482 satisfied customers
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a real estate question. I inherited a mortgaged home
I have a real estate question. I inherited a mortgaged home in the state of Florida. Probate has already taken place and the deed is in my name. Queston is will the mortgage company give me a hard tim… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I own a commercial real estate mortgage co. I operate under
Hello, I own a commercial real estate mortgage co. I operate under a California Finance Lender's License (CFLL). I would appreciate it if you can tell me if it is legal to pay someone a referral fee o… read more
KLAW
KLAW
Juris Doctorate
2,101 satisfied customers
I currently hold a Real Estate License and Mortgage License
I currently hold a Real Estate License and Mortgage License in the state of Colorado. I am being told that I am a risk to hire from a local Real Estate Office because hold both. I do not double side a… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x