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  1. #1
    Join Date
    Apr 2007
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    1

    Default Can I use Adverse Possession

    I took care of my uncle for many years, him and his wife, His wife died, he was eventually unable to care for himself, and I did what I could. Eventually he was placed in a nursing home.
    From there he called me and asked if I would move in with him so that he did not have to stay in the home. (He did not have Dementia) he was completely coherent. He suggested that I sell his house that he owned and was about to lose.
    I did I cleaned it all placed him in an apartment near me and I started caring for him 24/7 then when the house sold after all the clean up and paper work we started looking for a house.
    I cleared up all my uncles finances sold the house and he cleared enough to put $35,000 down on a home that we all could live in and I could take care of him and he take care of me and my children
    Well here is where it gets interesting;
    My children’s father whom I did not live with somehow convinced me to let him in on the “Deal” after all he had better credit than I and I could get a better interest rate! I should have known better but I allowed him to put his name on the loan and the deed instead of me with the agreement that I would go on the deed immediately after... No such luck...
    This was in May 1997
    I did however make sure that my uncle had a trust made up prior to moving in the house that I would get his undivided half of the house after his death.
    In the first few months of living together my Children’s Father (CF) turned against me and my uncle, he was trying to force us out of the house. He was threatening and evil, constant fighting police coming. ETC.
    My uncle and I realized that we had to get him out of the house; CF My uncle and I went and obtained a restraining order to have CF removed from the home.
    That was in April of 1998. On the final restraining order he was ordered out and it states that home would be settled later.
    As the years were going past and my uncles health was deteriorating My Uncle and I went to the bank and applied for a loan in both our names to buy CF out. It came back that again my credit was not good enough so we were back to the beginning.
    I continued to care for my Uncle and I got a part time job at night to pay off some bills to clear my credit. My brother was staying here and he worked in the day I worked at night we took shifts caring for my uncle he needed more and more care.
    Amazingly without the High Credit Score of CF my uncle qualified on his own for more money to get a loan to buy CF out and was approved. He was bringing in around $3,200.00 a month with his retirement and Social Security.
    All the necessary paperwork was completed and CF signed a “QUIT CLAIM” for the amount of $12,000.00 on July 19, 1999. On July 22, 1999 My Uncle said to me Ok everything taken care of CF wont get this house now will he? I said no, now it will be mine if something happens to you. He said good, well he went in his room and before I left for work at or around 4:45 PM Katherine Walker from Chicago Title called me and said that they had made an Error and that they had forgot to have my uncle sign “ONE PAPER” I said I can bring him in right now, she said no just bring him in the morning…
    If were not for bad luck I would not have any luck at all. Murphy’s Law! What can go wrong went wrong. I did not tell my uncle that the title company called and said that they forgot to have him Sign “ONE PAPER” I hate those words.
    I went to work that evening and checked in on my uncle before leaving, my oldest daughter was here we had just had supper and her and my niece were cleaning the kitchen.
    While I was at work I got a frantic call from my daughter saying that Grandpa was dead... I told her to hang up and call 911 the neighbors were there with them and my daughter started CPR while my niece was on the phone with 911. I arrived almost the same time the paramedics had. They still had CPR in progress and were attempting to defibrillate him… I knew from my past medical training (EMT) that he was gone… all I could do is scream you needed to sign “ONE PAPER”
    My Uncle died that night on July 22, 1999 I made all the necessary calls to our relatives and his sisters and brothers.
    The Sheriffs called me and said that they wanted to talk to me about the death of my Uncle, insinuating that maybe I may have killed him. I at that point stopped crying and almost laughed. I said; Oh Hell No, I would have waited until tomorrow! I explained that we were in the process of getting the deed put in mine and his name as “Joint” tenants so that if he were to die I would not have to Qualify for the house. They cleared me as a suspect and ruled his death natural causes. I believe in my heart that my uncle waited till CF’s name was off the house to die. If only I had gone back in that evening, I believe he would have not died that night.
    I called the Title Company and explained to Katherine that we would not be in there because my Uncle had passed away the night before. I told them I was his Trustee and Executor could I finalize the paperwork they said no. I was devastated.
    I called the bank and I talked to Beatrice and Rebecca the loan officers who were helping me and my uncle they were shocked but there was nothing that they could do. I did not have any money to get a lawyer. They suggested that I try to get the loan on my own, and just complete it give CF his 12,000.00 and be done with it... Not that easy
    Now I am without a job and money, I hit the Library I went on line looking for a job. I finally got a job that paid good money working for Pacific Bell in 2000 I am still there today.
    I have put the house on the back burner and continued to pay all the mortgage and upkeep on the home to this date. CF has not one time contributed to the home, he has continually told me that it is his house and called me if the payment was not on time. He has threatened to throw me and our children out if things did not go his way. He always said that he was not going to throw me out because of “HIS KIDS” so nice of him!
    He was ordered to pay 1,100.00 something Child Support and he always asked if he could have breaks, I always gave in and then in 2000 we worked out a deal where he would only pay me 400.00 a month child support and I would give him 1,500.00 in exchange for his 1978 Harley Davidson and keep him and the kids on my Medical Insurance thru my job,
    Guess who got the better end of that deal AGAIN! Add it up he was court ordered to pay lets say 1,100.00 a month he never paid that he only gave me 400.00
    1.100 times 12 months that is 13,200 a year times 3 years equals 39,600 minus the 400 he was giving me that is 4,800 a year and 14,400 for three years. So now I am stuck with a broken down motorcycle and he is on easy street buying new vehicles, boats and bikes ETC.
    As the years went by I continued to work and pay the house payment, all the while giving him breaks all along the way.
    Once I even stopped his Child Support completely in agreement that he have the children 50/50 that did not work well. It was 50/50 his terms.
    This turned out to be 25 him and 75 me and no Child Support whatsoever, during this time even though we had a Written Mutual Agreement dated May 2003 I believe. During this time he still asked for receipts for his 400.00 which I gave him to pacify him. He is relentless and manipulating.
    He either was not smart enough to realize that we had amended the previous order with the 50/50 Mutual Agreement signed by both of us. The only money he really ever paid was the ones that he has canceled checks for any of the written receipts were given to him by me for times when I would give him a break or he did not pay at all.
    Once he even put a stop payment on one of his child support checks.
    In December 13, 2004 He came to me and said that he was in a jam, he had co-signed for my oldest daughter and he was being sued for 5,700.00. I told him that I was not responsible for her she was over 18 when he lived with her during the week, so that he did not have to commute.
    I reluctantly leant him the money only after he signed a paper saying that he was responsible for the debt. I was not aware of the transaction between the 2 of them and that he would pay me back by December 31, 2004, He asked if he could wait till February 2005 I agreed again. I had the title to his truck a signed statement I figured this time I was not going to get the bad end.
    He never paid me; instead he sued me for half the house that I have been making the payment on for 10 years.
    I have since went to court and won the judgment for the money I loaned him, but have yet to receive any of it. I was also awarded interest.
    He used me again and manipulated me into doing something I knew was not in my best interest so here I am today with no money, financing a vehicle because the money that I was saving for one I leant to him and he in turn is suing me with.
    He is suing me in CIVIL COURT. I think that on the papers if I am not mistaken it says that he will pay up to 5,000.00 in my court cost. I am looking for someone that can help me.
    He neglected to tell his lawyer that we had children together and that I was awarded the house temporarily and that he had signed a Quit Claim back in 1999.

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

    Default Re: Can I use Adverse Possession

    That was a long, rambling narrative. Nothing in it has any relevance to adverse possession claims, and apparently these issues have already been addressed in court. And now there's a new lawsuit relating to... something or other? I don't know what's going on in court, so all I can really do is say "consult a lawyer".

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