Game over!
I initially agreed USA... then I saw the below.
stewert (3,485 posts) Sat Mar 22, 2014, 06:31 PM
17. More Info.............
My Dad left the house to me and my younger brother Scott in his will, but my half brother Butch paid off his 2nd mortgage for $32,000, to do that he had my Dad put his name on the deed to the house.
I talked to the attorney who did my Dads will a couple years ago and told him the situation, and he said the fact that Butch has his name on the deed cancels out the will.
My Dad has a mortgage on the house now that I have been paying since he died last May, so I have some money in the house too, I paid $450 a month on the loan for a year.
I have a $40,000 balance on the current home loan with Chase bank.
And btw, I plan to call a free legal aid hotline Monday and see what they say about it.
Welll... we got a little problem here. Assuming this is true.
Let us look at the so called facts:
1. Dummie's dad had a 2nd mortgage.
2. Dummies brother paid it off and had the house put in his name.
3. Dad took out a third mortgage on the house. The house that is no longer in his name?
4. dummie claims the will said the dummie and second brother are cowners.
First off... any bank worth their salt is gonna demand the deed. If it ain't in Dad's name, no mortgage. Unless the brother cosigned for the mortgage. If so, that changes everything. Seems to me the 3rd mortgage bank would have first dibs on the house from the estate or if it is indeed in brothers name, then he owes it.
This BS just don't add up. Now there could be other things going on here. Like brother owns the house but dad can live there until death. Mom got that on her house. Still don't think the bank is gonna do a mortgage on a setup like that. Unless it was secured by something other than the house.
Like I said... this don't pass the smell test. Not a bit of it.
Personally I think the dummie is lying and the original scenario is true. The dummie wants to raise the 32,000 and some extra to boot. Dummie's brother is gonna kick his worthless butt out to the street. At least the brother waited until after winter.
Edited to add:
BTW... what attorney worth his salt is gonna tell his client to give his brother a hand written note? I understand that it was notarized, but all that means is the person that signed it is indeed who the note claims it is. No notary worth his/her salt is gonna notarize a hand written note. I know, I was a notary public years and years ago. Not for something like that. At least I wouldn't do it.