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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6715
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I quit claimed a 3 unit building to my first born daughter 6

Customer Question

I quit claimed a 3 unit building to my first born daughter 6 years ago with the caveat that she get her own loan. She has not done so and my credit is being damaged. I only let her use my name for income taxes when she presented promissory notes for monies I put in since then. Now she has lied this past year on getting loans and I have had to pay $900 in past mortgage payments, I want a letter telling her that she cannot use my name in interest payments from the mortgage company for her taxes from now on. I would like to force her to sell the property by telling IRS that she did not have my permission to use my name in the past two years because she has not fulfilled her agreement, which we entered into with the promisory notes.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: California, Los Angeles County
JA: Has any paperwork been filed?
Customer: for what?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 6 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 6 months ago.

I am sorry, but I do not understand your post.

Kindly review, edit, properly identify the parties and your issues, ask specific question(s), and resubmit.

Thank you for your cooperation,

Customer: replied 6 months ago.
I don't understand what part you don't understand. I quit claimed a 3 unit apartment building to my daughter which means the property is in her name and the loans are in my name. For 6 years she has not gotten her own loans so when she makes a mistake with the mortgage company it is on my credit that is reported. When each year the mortgage company sends 1099 for the income tax I have let her use my name to report interest on the apartment building but now I want to stop her using my 1099s. If she cannot use the 1099, she will be responsible for all the income from the property without the added deductions of interest from the mortgage company. I want a letter from an attorney officially informing her she can no longer use my 1099
Customer: replied 6 months ago.
At one point she got behind in the taxes on the property so I paid that now this year she bounced a mortgage payment and I had to come up with $900 to bring it current so that she could get fresh lungs. She keeps telling me the loan was granted but in the last six weeks the loan has not been funded
Expert:  Attyadvisor replied 6 months ago.
I am a different Attorney and it will be my pleasure to assist you. I understand that your daughter agreed to obtain her own financing and that she has not done so and caused credit issues for you. Unfortunately you would need a court order to refinance or sell the property. If she did not comply she would be in contempt of court. She may have damaged her own credit as well do you may wish to force the sale of the property and sue her for the damages she has caused you to suffer. When you have a loan on real property the lender holds the person that signed the loan documents responsible for payment regardless of the fact that you transferred the title to your daughter. There is no excuse for her not living up to her end of the bargain. To force the sale of the real property you would file a partition action. Give me a moment to provide information on partition lawsuits as well as a link for local Attorneys that provide FREE consultations Los Angeles County.
Expert:  Attyadvisor replied 6 months ago.
This is a link for information on partition lawsuits http://www.kinseylaw.com/clientserv2/civillitigationserv/realestate/partition/partition.html
Expert:  Attyadvisor replied 6 months ago.
This is a link for Attorneys in the County that provide FREE consultations. http://lawyers.findlaw.com/lawyer/firm/real-estate-law/los-angeles/california Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA!
Customer: replied 6 months ago.
I understand all that but I have an easier way. She will go broke trying to pay taxes on the income if she doesn't have my deductions from the 1099s that are about $18,000 per year. I need an attorney to write her a letter stating that. Also, if I tell IRS that for the last 5 years, she has claimed my deductions, they could audit her and cause her to pay thousands of dollars in penalties and fees. She agreed to her own financing for 6 years and that is why I let her use my 1099s, She has not completed her part of the agreement and so I feel she has negated my ok to use my 1099s for the last 5 years. I need an attorney to include that in the letter.
Expert:  Attyadvisor replied 6 months ago.

I provided a link for Attorneys in the area that provide Free consultations that could write a letter for you on law firm letterhead. Here is the link http://lawyers.findlaw.com/lawyer/firm/real-estate-law/los-angeles/california

Unfortunately the terms of service of the site prohibit the Attorneys from entering into an Attorney Client relationship with the customers of the site.

The State Bar Association can refer reputable Attorneys in that area as well at http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

Expert:  Attyadvisor replied 6 months ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

The site does not credit the Attorneys unless the customer rates our service positively. Thank you for your consideration. Please me know if you were unhappy with my service and I will opt out for another Attorney to assist you.

Thank you for using JA! We appreciate your business.