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My brother and I had renovated my home zoned commercial to…

My brother and I...

My brother and I had renovated my home zoned commercial to rent/lease which was accomplished and leased to an atty. I have always owned fee simple sole owner for 30 years. My brother, as part of the consideration in our venture was to obtain a $200K loan using my house as security to use money for investment or anything he wanted. My brother paid off the loan to TD Bank in 2015. All had been duly recorded and is in my ROD file as SATISFIED. In Dec 2016 I tragically lost my brother and my brother's 2 sons and their atty claim that satisfied loan made my brother a joint owner of my real property. They further allege that the reason my house did NOT appear in the probate papers was an oversight and my 2 nephews have a right to a claim in my house even though my brother is not on my title or deed which by the way is also duly recorded and acknowledged by me in July 2017 because I feared my nephews believed they were entitled to a right to claim and might pursue on some unsubstantiated belief which has been fraudulently supported by their lawyers.

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

Yes, because the older son as personal representative and now owner of my brother's business had been keeping the rental payments from the atty renting my house saying the funds where being held in an estate account. I went to the city business center and obtained the business license for the commercial rental of my house and I also notified my tenant that she was to remit payments to me which she complied with. My nephew became angry because he did not receive March 2018 rent check as he had been receiving Jan 2017 through Feb 2018. This proved that the funds were NOT being held in a trust account but for his own personal use. His atty now says that I will not be able to sell my house or be able to get a loan for investment because the past satisfied $200K loan made my brother a co owner which my nephews are heir to.

Lawyer's Assistant: Where is the home located?

561 Savannah Hwy Charleston, SC

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

There is talk of a quitclaim to settle but I know that my nephews have NO right or claim to my house and that the past satisfied loan does not establish a joint ownership and that there is very little chance there was any oversight from probate as to my own discovery probate did a complete inventory of my brother's assets. My brother told me that he did not want any part of my house that he did the venture for me as a brother to a sister.

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Answered in 13 minutes by:
4/7/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,074
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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I have read your comments, but I am not sure what your legal question is?

.

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thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
Does this satisfied loan establish any such joint ownership?

Absolutely not... if he wasn't on the deed, he isn't an owner....period..

.

If he borrowed money on your house, that you put up as collateral, and then he used that money for whatever, and then he paid off the loan... that is just you letting him use your house as collateral for a loan.. nothing more.

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So if they want to sue you, you may want to consider hiring your own attorney and counter suing them for "malicious prosecution" since their attorney should have told them that this is a wild goose chase..

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,074
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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