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  1. #1
    Join Date
    Sep 2006
    Posts
    4

    Default Enforcing an Oral Agreement to Repay a Loan

    Hello all. My name is Marvin and this is my first post. Desperation has brought me to this site. In 1994, my mom came down with ovarian cancer. My father did not have health insurance and couldn't pay the hospital bills so the state helped with the bills. We live in Idaho. In 1996 my mom passed away. In about 1997, my father gifted my sister and I his land (about 9 acres) and his house. My sister and I split the land equally and each of us had our own property in our own names. My wife and I decided to buy a new modular home and put it on our piece of land. While the bank was conducting a title search, they found that the land (all 9 acres) had a medical lien of $25000 on it. It was too late to change our minds about the new house as we already had the foundation poured and had a downpayment on it. My sister had no way to borrow her half of the $25000 because of her bad credit, among other problems. So, I reluctantly agreed to tack on another $25000 to the total of the home loan. My half plus her half. She verbally agreed to pay me back in monthly payments including interest and suggested I write up a loan agreement. My wife and I paid off the lien. Now my sister has decided that she will not sign any loan agreement I come up with. So she is paying me $125/mo. I feel that I need some kind of insurance that she will pay me the rest of my money. Does anyone think I have a case against her? Here is something else: The house my father owned is on her piece of land. It is an old Fleetwood singlewide trailer with a separate house built on. This trailer is titled in MY name. Could I legally tell my sister she isn't welcome in MY house? Does anyone think this might give me some leverage with her? Or, can she say "you have to move your house off my land"? The house has been there for 30 years. Please help, I feel like I have nowhere else to go

    I'm sure there are a lot of details I am missing. For one, why did the planning and zoning department let us divide the land if they knew it had a lien on it and why didn't they tell us? The attorney that did the whole gifting transaction also never told us there was a lien on it. Could he be held responsible, or isn't it his responsibility to check things like this out? This house on my sister's piece and her actual land itself are taxed separately. My father gave me the house before we split up the land. I think what is going to help me out is that I have proof that I paid off the $25000 lien, and each check my sister gives me has "loan payment" in the comment section. Please let me know if you need any more details. Thank you--Marvin

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Enforcing an Oral Agreement to Repay a Loan

    The division went through, so the lien is peripheral / irrelevant to the division. The lawyer and the planning and zoning department probably assumed you knew about it.

    You can sue your sister for the money, and use the payment history and check annotations to document the fact of the debt.

  3. #3
    Join Date
    Sep 2006
    Posts
    4

    Default Re: Enforcing an Oral Agreement to Repay a Loan

    No disrespect Mr. Knowitall, but doesn't anyone else have any thoughts?

  4. #4
    Join Date
    Sep 2006
    Posts
    5

    Default Re: Enforcing an Oral Agreement to Repay a Loan

    You probably could prevent her from going into the house (since it's in your name) but has she been living in it? Has she been accessing it as if it was her own? Have you been using it at all and if so, how do you access it? Do you cross over her land to get to it? Do you always use the same path to get to it? If enough time has passed you might possibly claim an easement over her property, which would prevent her from forbidding you to be on that portion of her land. I'm not too familiar with how long you need to demonstrate this. But that would be a start. I think it might be considered an implied easement of some sort, Especially if you've never leased the land upon which your mobile home sits (especially if it's not too mobile, you stated that the separate house was built onto the trailer, I assume this whole thing is in your name).

  5. #5
    Join Date
    Sep 2006
    Posts
    4

    Default Re: Enforcing an Oral Agreement to Repay a Loan

    Thank you for the reply legalese??

    The property as a whole has been owned by my father and mother for 30 years. The mobile home on my sisters half is what I grew up in. My sister has her own house in a town about 30 miles away. My brother, who is on disability, does live in this mobile home. You do have to drive about 100ft. on her property to get to the house. My sister gave me an easement on her property to get to my new house (on my half). I rarely enter the house anymore. My sister only comes to visit my brother for about 3 hrs. a week. Thanks again!

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