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  1. #1
    Join Date
    Mar 2012
    Posts
    4

    Default Sale Disputed Based Upon Alleged Incompetence of Seller

    My question involves real estate located in the State of: Texas

    My mother passed a few years ago and I took care of my father at the time for a while and had to put him in a care facility because he was unsteady and always falling. My family and I remained in the home. There was no will or power of attorney at the time. My father's son from another marriage came in and got a power of attorney through the facility, not even sure what type it is because I have never seen it. My mother and father have 2 pieces of property. The one we live in and another with a mobile home on it. I visit him every other Saturday. There was some talk that he wanted to get out from under the other property with the mobile home so he did not have to keep paying the taxes. He was not declared incompetent to my knowledge and seemed fully capable. I made an offer on the property. He countered with an offer, and I accepted. I drew up the papers and took him to an attorney with the bill of sale, and transfer of the deed and had them notarized. It was legit. I paid him and then filed the papers in the court records office. A month later the power of attorney, his son, was notified of the sale. He was very angry at the situation because of the amount I paid, which at the time, I was not aware it was below value, and he felt like we went behind his back, which he had already made the statement "If i wanted to buy it then talk to his dad", so I did. Now I found that 7 months after the sale 2 years ago he filed a lis pendens, which is for the cancellation of the deed, and he stated that my father was incapacitated. The sale was just like any sale. He could have sold it for $5 and it would not have made it any less of a sale. What leg do I have to stand on now? Can he prove my father's incompetence at the time of the sale? What can I do to protect myself other than get an attorney? Which I will probably do. I dont want to loose my property and the years of taxes I have paid.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,087

    Default Re: Sale Disputed Based Upon Alleged Incompetence of Seller

    If he filed lis pendens and there is litigation pending, it should be lifted when the litigation is resolve and the dispute over title is over. If he has not filed an associated lawsuit, you can consider legal options such as a quiet title action to remove the lis pendens. If you just found out about the filing, 17 months after it was made, it seems unlikely that there's pending litigation that you also know nothing about. Please clarify.

  3. #3
    Join Date
    Mar 2012
    Posts
    4

    Default Re: Sale Disputed Based Upon Alleged Incompetence of Seller

    All that I can see is the lis pendens filed with the court records office. This is the first thing I have seen on it. How do we resolve the dispute? Court? the lis pendens states it is a notice of lis pendens. It seeks to appoint his son to be the guardian of his estate and seeks to establish an interest in the property and for the rescission and cancellation of the deed executed on February 05, 2010. There is no real notice of litigation and i have not been notified of any such lawsuit. What is a quiet title action to remove the lis pendens? I would have thought that 17 months after it was made i would see some litigation also. So is this as bad as my mind has made it out to be? Thank you for your help.

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