QUESTION
Can my friend be considered as someone who abandoned the house?
Asked on Jan 03rd, 2013 on Estate Planning - Montana
More details to this question:
Mobile home is paid off, another friend put two grand for down payment, we paid it off in payments of $7000.00 we have title, what is there that she can do? She has absolutely nothing to do with this house since she moved to Georgia for couple of months, never called or contacted gentleman. He said she just abandoned house. My friend said house was ours when its paid for.
11 ANSWERS
Ronald A. Steinberg
The fact that she abandoned the house doesn't give him the right to take it.
Answered on Jan 30th, 2013 at 4:05 PM
Elder Law Attorney serving Savannah, GA
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Elder Law Office of Mark Schaefer PC
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If the name of the friend who put up the down-payment is not on the title, she can sue you for the two grand since she probably owns a part of the home under an implied trust, called a Purchase Money Resulting Trust.
Answered on Jan 10th, 2013 at 2:55 PM
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If the title is in your name, generally speaking it will be deemed yours.
Answered on Jan 10th, 2013 at 2:55 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If her name is on the title, she has a claim to the house. You would have to get het to deed her interest to you, or file and action in court and serve her by publication to get her name off of it. If her name is not on the title, but she helped pay for it, she may have an equitable claim to it. You could file an action in court to quiet title.
Answered on Jan 10th, 2013 at 2:55 PM
Administrative Law Attorney serving Sherwood, OR
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Employment Law Professionals Northwest LLC
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The individual who contributed to the cost of the mobile home may have a claim to recover her investment. If she is not on the title she cannot control the sale however she could seek a lien against the property for her investment, or take the owner to small claims court. It would be best to attempt to negotiate a settlement with the individual to remove any cloud on the title of the mobile home. You should review the issue with an attorney and have them review all the documents.
Answered on Jan 08th, 2013 at 5:40 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You state that you have title. I don't understand the part of your question that reads "what is there that she can do?". You should make an appointment with a real estate lawyer in your area, bring all of your paperwork and construct a time-line of what happened, who did what and what documentation is available. It will be worth the consultation fee for your peace of mind.
Answered on Jan 08th, 2013 at 5:39 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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What does the purchase/sales contract say? Who is on the title? If she paid on it, it is hard to see how she would have no interest.
Answered on Jan 08th, 2013 at 5:39 PM
If you have the title, it should be yours.
Answered on Jan 08th, 2013 at 5:38 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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There is a Manufactured Structure Ownership Document that says who owns the mobile home. Your county assessor's office will have a representative who works with manufactured home ownership. The home is owned by the person or persons shown on the ownership document.
Answered on Jan 08th, 2013 at 5:37 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Don't understand what you think is the problem. You say you have paid the purchase price and you have the title. What else do you need?
Answered on Jan 08th, 2013 at 5:37 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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She might be able to hook up and pull the house off the foundation.
Answered on Jan 08th, 2013 at 5:36 PM