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lyndin53

house in my name brother in law bought and now he is trying to throw me out

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my sister and brother in law bought me a house and its in my name.  I got injured at work and have been off since march of this year.  My brother in law told me to refinance the house and pay him back the money in one week or vacate the property. what are my rights? we have a personal contract that I don't fully understand.  the harassment from him and my sister has been on going for almost 2 years.

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Hi @lyndin53

 

Thanks for joining the Answers community, and for your question! When you say the house is in your name, do you mean that you alone are on the deed? Is there a mortgage on the home? If you alone are on the deed, then your brother in law has no right to force you to leave. However, you may be in trouble if you cannot pay your mortgage, and the house is at risk of foreclosure.

 

This is, unless, the contract you entered into entered into with him contains some relevant language. There is a possibility that you have breached the agreement, depending on what the contract says. Can you provide the community with the language of the contract?

 

The FindLaw.com Team

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there is no mortgage on the house.  He wrote up a contract stating that I would pay $525 a month until I was able to refinance.if I miss a payment then or do anything that is not to his satisfaction that I will lose the house.  they had also told me in a text message since I had gotten hurt not to worry about paying the $525 a month until I can refinance the house.  the deed is in my name alone.

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10 minutes ago, lyndin53 said:

what are my rights?

 

Creating a list of rights would serve no useful purpose.  What is it that you really want to know?

 

 

10 minutes ago, lyndin53 said:

we have a personal contract that I don't fully understand.

 

Why would you sign/enter into a contract that you don't fully understand?

 

Some additional info that might be helpful:

 

 

12 minutes ago, lyndin53 said:

my sister and brother in law bought me a house

 

That's not exactly a typical thing to do.  Why did they do that?

 

 

12 minutes ago, lyndin53 said:

My brother in law told me to refinance the house and pay him back the money

 

Pay him back what money?

 

 

2 minutes ago, lyndin53 said:

He wrote up a contract stating that I would pay $525 a month until I was able to refinance.if I miss a payment then or do anything that is not to his satisfaction that I will lose the house.

 

Whether the "lose the house" or "anything that is not to his satisfaction" parts of this are enforceable isn't possible for us to determine.  Have you been paying the $525 per month regularly and on time?

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my sister and brother in law bought the house for 47,000 it was a repo home. he wants me to pay him $55,000 for the house.  I signed the contract not thinking that they would ever do this to me.  now he wants me to refinance the house in 1 week or leave the property. what I want to know is, do they have the right to throw me out in one week?

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@lyndin53 is there any sort of acceleration clause in the contract that says if you miss a payment you owe the full amount? Does the contract give you 1 week? If these provisions are not in the contract, there is no legal basis for your brother in law to decide how to proceed. Why is he expecting you to pay him $55,000 when he only spent $47,000? As PG asked, have you made previous payments towards the amount owing?

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I have been paying $525 a month since he bought this house.  yes I have missed payments due to loss of work in which they had told me not to worry about paying that until I get the house refinanced.  He wants $55,000 because of the work that went into fixing the house. He bought the materials and I did all the labor.

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16 hours ago, lyndin53 said:

what I want to know is, do they have the right to throw me out in one week?

 

In one week, almost certainly not -- especially if the house is titled in your name.  Beyond that, it's not possible for anyone here to tell you much of anything without reading the contract (which we obviously cannot do) and having a full understanding of the state of the title to the home and all encumbrances.

 

In the future, DON'T SIGN A CONTRACT THAT YOU HAVEN'T READ OR DON'T FULLY UNDERSTAND.

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Why would you think he has power to throw you out even if he were a co-owner?  

 

If he was dumb enough to put house in your name alone (I hope you're sure),  and not insist on a mortgage-deed of trust, given what you've said, I wouldn't be concerned.  He can sue you for money you owe and, if he wins, come after house.  But that isn't simple or short process.  I'd ignore the current demand.  He is clearly trying to prey on ignorance, but he also has an ignorance problem.

 

Seek local counsel.  Better late than never (should have before signing anything).

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1 hour ago, Fallen said:

He is clearly trying to prey on ignorance, but he also has an ignorance problem.

 

I wouldn't be so sure given that the OP admittedly signed a contract without fully understanding it (and apparently without understanding it even enough to give us a summary of its terms that is any more coherent than this:  "He wrote up a contract stating that I would pay $525 a month until I was able to refinance.if I miss a payment then or do anything that is not to his satisfaction that I will lose the house.").  The BIL may well be taking advantage of the OP's ignorance, but it sounds to me like he probably knows exactly what he's doing.

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I think "if" is important.  Plenty of people sign things they don't understand.  I trust poster to know whether it is fact or fiction that property is in his name alone and that there is no mortgage underlying the loan contract that he indicates signing.  If he hasn't checked land records before making assertion, not my problemo.  

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