My question involves an eviction in the state of: MA
We're getting evicted and we're fighting it in court as Pro Se litigants. It's not a simple case, it has to do more with a contract dispute than a simple eviction. The Plaintiff/Landlord is my husband's mother. He and I are the Defendants/Tenants.
We arrived here over four years ago to help out my husband's mother, after his father died. His father had Alzheimer's and the numerous properties the parents owned together were in severe disrepair. We had to place our business on hold to clean up and maintain the properties and to help the mother get much needed financing to preserve the properties and renovate a home on one of the properties thereby giving her the option to move there or rent it out for income.
Over two years ago, my husband and his mother signed a contract granting him permanent transfer of property rights to all the properties she and his Dad owned, specifically the property from which she's attempting to evict us. We entered into the contract for one reason: we financially couldn't do the services for free. We would have loved to have done the services for free or to have paid to have them done. She knew very well of our financial situation. This is why she agreed to sign the contract in the first place.
It was agreed that she would get a reverse mortgage on the property in which she was living and to use part of those funds to renovate another home on another property, which she did and which we helped her get (we did all the work, she just signed the papers). Then, the rest of the plan was, when that property was in good shape, to take out a 150K mortgage on it to finish it and to have a cushion to make mortgage payments, if needed, as well as renting out the now finished, renovated home.
Unfortunately, she kept dragging her feet at taking out the 150K mortgage. This placed her in a financially vulnerable state so that when it was found that renovations on the other property were going to be more than anticipated, she did not have the funds to complete the home. This caused a legal/financial mess when other members of the family decided to enter the picture and manipulate the mother to actions that are, as we see it, not in her best interest. That is another case and the entire proceeding can be seen at plaintiff.jetiii.com.
We've already had a bench trial and the judge appears to be on our side. He gave us two weeks to produce case law to support our case. He pointed us in the right direction by suggesting we look up Equity Jurisdiction and Resulting Trust which we are doing.
If you have any ideas or knowledge of cases that we can present at the next scheduled trial that has been continued to Thursday, Feb. 16, 2012, we would greatly appreciate it.