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Can I loose my house?

In 2007 my in-laws were about to loose the house. They ask me if I can pay it off. The deal was,  I can have the house with one condition. I had to le them live in the until I want it to move in. Which was no problemo for me since I have 2 houses. Now that my father in law died, my mother in law want the house back to give it to one of her sons.
1. I paid the off the house cash to the seller in the later part of 2007 ( no banks it was from owner)
2. The deed was transferred in 2008 to my wife's name
3. I have paid taxes, insurance, repairs, etc. since I took over the house in 2007.
4. When we found out that he is going behind our back trying to get the house back I gave him a 35 day notice to move ( not for none payment of rent but for possession of the house)
5. I have a month to month lease with both of my in-laws' signatures not the son. He is not mentioned on the lease.

She claims that she don't remember ever singing the deed, which was done at a notary public office. No witness but the notary public. It was recorded in the city hall and returned to mi about 20 days later by the county office.
Now she is getting a lawyer to contest the deed on the basis of " I don't remember singing that form". I have no problem if they (her and her son) stay in the house but, the son is trying to get all of the brother together against us. None of them want to get involved with them or us. They don't thing is worth destroying a family over a house. Which I understand but, if the paperwork is our name, we paid taxes, insurance, etc. for over 5 years. Why should he keep it?
All this paperwork was done in Dallas, TX.

I know I must get a lawyer but, do they have a leg to stand on?

  • June 24 2013 - Oak Cliff
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Answers (1)

I can't speak for TX law but in MN it isn't necessary for a quit claim deed to be witnessed - only notarized. If the form needed to be witnessed, there would be lines for witness names and signatures.

As for me, I couldn't tell you what documents I signed five years ago either. But that doesn't change the fact I signed the document excepting being of unsound mind or under physical or mental duress.

Anyone can sue you. But in some states there is something called 'SLAPP' laws (spelled that way) that punishes those people who file frivolous lawsuits (they get to pay YOU damages). Lucky for you, Texas has one of the toughest SLAPP laws in the USA.

As for free legal advice, you won't find it here as real estate agents aren't attorneys and attorneys don't give it away for free.

The greatest thing about an attorney is they can, using just one well written letter, set the other party straight. So in that sense it's worth every penny.
  • June 24 2013
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