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My mother in law paid off her granddaughters morgage. My…

Customer Question
My mother in law...

My mother in law paid off her granddaughters morgage

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

My mother in law paid off her granddaughters $90,000 mortgage about a year ago. The agreement was that the granddaughter was to pay all the taxes and insurance. So, far she has paid nothing and no longer has a job. We have been told the granddaughter can not hold down a job as she has a serious drug and drinking addiction. My mother is convinced she can take back the house as she is afraid it's just a matter of time before her granddaughter will lose the home. Is there any thing my mother in law can do legally to own the home or sell it. The home is in the granddaughters name.

Lawyer's Assistant: Where is the house located?

Ocala Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If the taxes aren't paid can a lean be put on the home by my mother in law?

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 1 minute by:
3/21/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,233
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

I'm sorry to hear about your situation. As far as your mother-in-law's ability to get the home, the only way she can legally get the home is if the daughter sells it to her or gifts it to her.

Your mother-in-law may have recourse if the condition of her paying the mortgage was that the taxes and insurance were going to be paid.

This appears to be a classic breach of contract if the granddaughter has not made any payments on taxes and insurance. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. If the granddaughter has no money, your mother-in-law could request that she be given the home since she paid the mortgage to be the fair value of her damages There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started. What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 3 months ago
please, do so.
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

Let me know if you have any questions about what I've written.

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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.

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