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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Good Day ! I'm not sure what this would be classified as. Long

Customer Question

Good Day ! I'm not sure what this would be classified as. Long story short.My mother has been selling real estate for over 30 years. My mom,my two nieces and myself took a long time to decide we were going to buy a home together. We found the area in Wildomar we liked and started paper work before the house was built so we went to Europe for 2 weeks as kind of a last vacation for a while as we all had to put our money in to the new house to be apart of the new American promise. Well we bought just before the market went south so we were under water from the get go. We purchased at five and a half and over the last ten years our larger model is still only selling at the low 300,000s. It took two years of hard long hours to get a modification and finaly have aprox 40,000 in equity. My question is one I hate to even think of but times are moving fast and the market don't look like its in any hurry to pick up. Here is where I need advise!It was a verbal agreement that was known to all of us and many family members as well as.and was talked about often at my moms office so It was a very publicly know agreement. About 2 to 3 years in my two nieces stopped paying their share and soon moved out. Over the last twenty or so years my mom and myself took care of my older brothers 2 daughters and tried to give them a sense of security as their parents were not around.Any way Since the girls backed out of their obligation it left me and my mom to pay it forward. So now I have put in over 100,000 dollars into this house and am not on title,but my niece is. My Father past away last November and left a living trust that became a disaster.Now my mom is getting older and has alot of pressure trying to keep things balanced,, but lately at 78 years old she is still trying to work so we can keep the house. Between her s.s.i. and my disability s.s.i. and a few B.P.O.s and selling all small collectors items we get by but the emotional toll is ti much,and is causing problems between my mother and myself to the point where she has threatened to evict me a few to many times witch now is taking its medical toll on me physically and mentally. since I have lived here for over 10 years and never missed a payment and we have had a publicly known agreement that my payments were not just rent but part of the mortgage itself what if any rights do I have to the property now and more important if God forbid my mom should fall ill. I just found out that my niece is some how on the title yet takes no part in maintaining the property nor contributing financially to keep the house from for closure. I also learned recently that the house was in default and my mom was collecting my share of the mortgage payment,and was not only collecting my share but was spending it at the casino. I am so sick from the whole situation that my doctor increased my blood pressure meds. and as my mom gets older and has more pain causing severe mood swings,she keeps saying she is going to have me removed and put me out on the street. I am on ssi disability and would die on the streets and did'nt all the monies I have put into this house give me any protection. PLEASE TELL ME IF i HAVE A LEG TO STAND ON. I NEED TO KNOW IF I HAVE ANY RIGHTS OR HAVE ALL THESE YEARS OF MAKING WHAT i THOUGHT WAS AN INVESTMENT FOR MY FUTURE BEEN LOST? Thank you and God bless you for all you do to help others ! Dennis Lorenz
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.
Hello, You have a complicated problem. The only way to determine your rights is to review the trust instrument, and the property deed, and try to get at least one witness other than yourself to sign a declaration stating that they are aware of the agreement under which you were paying part of the mortgage in exchange for an interest in the property. This is not an assignment that I can accomplish in this forum. I can send you a premium service invitation, and we can take this matter offline, and maybe I can help. However, customary legal services fees will apply -- which may not be in your budget. You won't get this matter resolved without a lawyer, in my opinion -- though you may be able to do a lot of the "legwork" so as to reduce your costs. That's the best I can do under the circumstances. I'll send you the invitation -- you may accept or decline at your convenience.