true_baseball_fan asked:
My older sibling has taken out close to 100 grand on the house on 3 different home equity loans. im excluding the first cus it was small amount and had nothing to do with me. the 2nd loan was done behind my back. i was in need at the time of about $4000. a family meeting took place without me they took out $27K against the house. i didn’t get a cent. 4 years later they told me they were gonna take out another loan. the economy was at its peak at the time, i told them i needed about $14,000 (credit cards, remaining car payments) and i would have the title of my car and the cards paid off. i was told i could only get $7,000 and i refused cus then i have to pay a higher part of the mortgage and still have my debt for another 2 years. and i was already nearly upside down as it was. they went ahead and took out $20,000 at that time. later i found out they took out $54,000 instead. i was hurt and betrayed. this is the 2nd time they did this. FAMILY for crying out loud. i have gotten married since and my wife will be here before the holidays and i have asked for my share even a small part of it to stay afloat and be able to bring her here from overseas. and i keep getting the runaround. im looking to take this to court. the stress has been overbearing and last year i needed therapy for my back which was really bad. doctors said it was stress-related. ive pretty much all but disowned them and live on my own now. i believe i have a strong case and that’s messed up that an additional $34,000 was taken out behind my back like that for a crap house down state he wanted to renovate and rent. that was more important than helping out his only blood brother. if i take this to court how strong are my chances? i am owed $35,000 from my share of the house but i think i will go for a higher amount in court, as well as damages, both physical and emotional. people with knowledge of this type of situation and any experienced attorneys or anyone else please honest thoughts no flaming no bias just ur opinion on the matter at hand. thank you.
when my dad died he left the house to my mom. in the 7+ years i lived there i paid nearly $38,000 of the mortgage but since everyone paid their share it was more like rent. we were supposed to sell the house in 06 before the market would crash which i warned everyone about cus i knew it was gonna happen before it did, but they refused our house has since depreciated badly, has no equity, and we wouldn’t get anything for it now. i know where most of that money went to even his live-in girlfriend who had no legal claim to anything of our house got money from the loan. she wasnt even married into the family yet. and im a blood relative.
Tro: house was left by my dad to my mom when
he died. i helped pay the mortgage for 7 years
but what i really did was pay 7 years of 2 combined loans worth $81,000 that i didnt get a single cent of. don’t loans get frontloaded into the mortgage of a house? weve had the house since 1995. loan 1 was in 2001 loan 2 in 2005.
ranger c: thanks for the lets not get greedy tip. it was outrageous picking up a cheap foreclosed home behind my back. i wont go for a whole lot but attorneys aint exactly cheap either, if you know what im saying
if i ask for the same in court i would probably get much less after attorney fees which is why i have to up the ante and in retrospect $88,000 was taken out of the house already so anything i ask for is certainly reasonable dont u think?
twitter bird: i’m not the legal owner of the property if i was they would be in deep trouble right now fraud doesn’t even begin to describe it. im gonna try to get info on those two loans. right this greivous wrong.
Lewis
My older sibling has taken out close to 100 grand on the house on 3 different home equity loans. im excluding the first cus it was small amount and had nothing to do with me. the 2nd loan was done behind my back. i was in need at the time of about $4000. a family meeting took place without me they took out $27K against the house. i didn’t get a cent. 4 years later they told me they were gonna take out another loan. the economy was at its peak at the time, i told them i needed about $14,000 (credit cards, remaining car payments) and i would have the title of my car and the cards paid off. i was told i could only get $7,000 and i refused cus then i have to pay a higher part of the mortgage and still have my debt for another 2 years. and i was already nearly upside down as it was. they went ahead and took out $20,000 at that time. later i found out they took out $54,000 instead. i was hurt and betrayed. this is the 2nd time they did this. FAMILY for crying out loud. i have gotten married since and my wife will be here before the holidays and i have asked for my share even a small part of it to stay afloat and be able to bring her here from overseas. and i keep getting the runaround. im looking to take this to court. the stress has been overbearing and last year i needed therapy for my back which was really bad. doctors said it was stress-related. ive pretty much all but disowned them and live on my own now. i believe i have a strong case and that’s messed up that an additional $34,000 was taken out behind my back like that for a crap house down state he wanted to renovate and rent. that was more important than helping out his only blood brother. if i take this to court how strong are my chances? i am owed $35,000 from my share of the house but i think i will go for a higher amount in court, as well as damages, both physical and emotional. people with knowledge of this type of situation and any experienced attorneys or anyone else please honest thoughts no flaming no bias just ur opinion on the matter at hand. thank you.
when my dad died he left the house to my mom. in the 7+ years i lived there i paid nearly $38,000 of the mortgage but since everyone paid their share it was more like rent. we were supposed to sell the house in 06 before the market would crash which i warned everyone about cus i knew it was gonna happen before it did, but they refused our house has since depreciated badly, has no equity, and we wouldn’t get anything for it now. i know where most of that money went to even his live-in girlfriend who had no legal claim to anything of our house got money from the loan. she wasnt even married into the family yet. and im a blood relative.
Tro: house was left by my dad to my mom when
he died. i helped pay the mortgage for 7 years
but what i really did was pay 7 years of 2 combined loans worth $81,000 that i didnt get a single cent of. don’t loans get frontloaded into the mortgage of a house? weve had the house since 1995. loan 1 was in 2001 loan 2 in 2005.
ranger c: thanks for the lets not get greedy tip. it was outrageous picking up a cheap foreclosed home behind my back. i wont go for a whole lot but attorneys aint exactly cheap either, if you know what im saying
if i ask for the same in court i would probably get much less after attorney fees which is why i have to up the ante and in retrospect $88,000 was taken out of the house already so anything i ask for is certainly reasonable dont u think?
twitter bird: i’m not the legal owner of the property if i was they would be in deep trouble right now fraud doesn’t even begin to describe it. im gonna try to get info on those two loans. right this greivous wrong.
Lewis
Herbert
first of all, you probably should have much documentation regarding everything about this house from the get go
I am assuming from your story here that this was a family home that was left to the remaining children of the owner and they were to share and share alike
did you participate in the payment of mortgage, taxes, and other expenses or was this property rented out so the family members shared profit and loss
I had a client in a similar situation, each of about 7 of 8 children had received some advances on their inheritance even while the parents were alive, but in the end when it was sold those amounts were deducted from any proceeds from the sale and the only one who never had an advance got his whole share, at one time
Comment by tro — May 22, 2010 @ 6:54 pm
Jose
You have a win-able case in court for your share of the value of the house, including court cost and reasonable attorney fees.
You have no case for emotional stress or physical stress, or additional money above the equal share you should have gotten. To get those, you will have to show a direct causation of emotional and physical duress to the financial transactions that took place several years ago.
To get punitive damages, you must show their conduct was so outrageous it offends the sensibilities of society. Family fights over inheritance won’t rise to that level.
Filing a suit for more than you can get makes you look greedy to a jury and judge. It could affect the amount of your award. Talk with a good attorney on this matter. You will need one to win any ways.
Comment by ranger_co_1_75 — May 24, 2010 @ 6:08 pm
Gerald
If you are a legal owner of the property then your family could not take loans without your signature on the documents. Did you sign?
If you did not sign & are a legal owner, then they may have forged your name, so that is fraud.
You need an attorney, you need to give him copies of all the loan documents (you can get these on line in most states since property documents are public records) and outline your ownership and the possible fraudulent activity.
Comment by Twitter Bird — May 27, 2010 @ 2:20 am