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CCooper1978

Having to sell

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OK this all started when we bought a house that my grandfather gave us the money for.  Well my mom did a stupid thing and went out to the property before we closed and burned some brush and old trees.  The fire dep was called and an investigation was performed.  They found out my grandpa gave us the money and said that my mom stole the money.  My grandfather said he gave us the money but they said we threatened him to say that, which wasn't the case at all.  Fast forward down the road and they said they would drop the theft charges if my mom plead guilty to arson.  This took over 2 yrs to get to that point and the whole time she couldn't see my grandpa.  So of course she took the offer.  Well then they added that the house had to be out in my grandpa's name.  Fine no problem but here comes the rub.  The judge then said my family and I had to be out of our house in 90 days and the house has to be sold and money given back to my grandfather.  This is not what he wants. He wants is to stay in that house since he gave us the money for it and doesn't wanna sell it because he'd also take a loss and not get out what he gave us.  Is there anything we can do or my grandpa can do now that the house is in his name?

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Sorry, but a lot of that doesn't make sense.

 

The house is now owned by your grandfather (apparently deeded back to him), a house that he put up the money to buy.

 

I can't imagine that anybody can force him to sell his own house just to get his own money back.

 

Grandfather is the one that needs to hire himself a lawyer.

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21 minutes ago, CCooper1978 said:

Sorry typing on phone at work. 

 

It wasn't the typing. ;)

 

21 minutes ago, CCooper1978 said:

Yes, the house had to be deeded back to my grandfather because it was in my mother's name.  We are working on finding a lawyer just not sure what type is needed. 

 

The type of lawyer he needs depends on: 

 

Who, exactly, is saying that your family has to be out and the house sold?

 

In your first post you repeatedly use the word "they." Who is "they" in each instance?

 

Is your grandfather incompetent? Under court ordered conservatorship or guardianship?

 

 

 

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They being the judge and the county prosecutor. My grandpa is 92 and is no way shape or form out of it.  Heck until recently he lived by himself and did everything himself. He doesn't need guardianship or anything else.  Actually most people are surprised how much he has his wits about him still

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OK, good.

 

Now read the following and answer the question under it.

 

3 hours ago, CCooper1978 said:

The judge then said my family and I had to be out of our house in 90 days and the house has to be sold and money given back to my grandfather.

 

Did the judge make that a WRITTEN court order that was entered into whatever case file was involved?

 

If yes, get a copy and get a lawyer to represent your grandfather (not you, not your mother) ASAP.

 

If no, then your grandfather is free to ignore what the judge and the prosecutor are "saying" but he would be wise to have a lawyer of his own since it's his house and his wishes in question.

 

Bottom line: No government (short of condemnation, partition, or eminent domain) can order a property owner to sell his own property.

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Ok. Yes, The judge put in the court documents that the house had to be out of my mom's name in 90 days, My family and I had to be out of the house in 90 days, and that the house had to be sold in 1 year.  Also we were looking for my grandfather just that he isn't computer savy, Heck he probably wouldn't even know how to turn it on, so I'm here asking. Plus we don't know what type of lawyer that would even be needed. 

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12 minutes ago, CCooper1978 said:

Ok. Yes, The judge put in the court documents that the house had to be out of my mom's name in 90 days, My family and I had to be out of the house in 90 days, and that the house had to be sold in 1 year

 

Who, exactly, is or are the defendants listed in the case file? That's important so make sure you look at the court documents before you answer.

 

And is it your mother's criminal case or a separate civil case against her or somebody else.

 

 

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I located the deed record from when your mother bought the property:

 

http://woodrcd.co.wood.oh.us/S3DetailPage.aspx

 

But I haven't been able to find any record of the property being reconveyed recently. You can click on "new search" and try it yourself.

 

I'm also confused by:
 

Quote

 


"shall be transferred to the Trust account of Walter Walczewski by an attorney within 90 day and the residents of the property shall be removed. The liquidation of the property above shall be done within one year."

 

 

It's not clear who is going to facilitate all that.

 

Is there anything in the court file appointing an attorney, a public fiduciary, or a special master to take care of the legal aspects of the three requirements?

 

 

 

 

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10 hours ago, adjusterjack said:

 

I'm also confused by:
 

 

It's not clear who is going to facilitate all that.

 

Is there anything in the court file appointing an attorney, a public fiduciary, or a special master to take care of the legal aspects of the three requirements?hi

 

 

My grandpa's Attorney for his trust is supposed to handle the transfer of the property other than that I have no idea. I don't think anyone was appointed because I haven't seen anything in court docs.  Like I said the judge and prosecutor are under the assumption that grandpa didn't give us the money and wants it back which isn't the case. He's also tried to tell them a million times he did and they just don't listen to him. 

 

 

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Well, getting back to your original question, there is no "we" here. This is your grandfather's problem and HE is the one that will have to have an attorney intercede for him if he wants to keep family members in the house and avoid selling it.

 

Maybe his trust attorney can handle it for him or maybe he needs an attorney who is experienced in judicial powers.

 

My gut says that something is wrong with the judge's order but I have no idea how to approach it. Your grandfather wasn't a defendant in the criminal case. The judge may have power over your mother but I don't see him being able to compel your grandfather to remove tenants and sell the property once he owns the property.

 

I'm guessing that the judge could find your mother in contempt (and lock her up) if she doesn't facilitate the removal of her family members from the premises but I don't see how she can be compelled to sell a property that she no longer owns.

 

I don't think I have anything more useful to add except to encourage grandfather to get a proper lawyer ASAP as the 90 day deadline is up in about two weeks and filings and/or pleadings will have to be presented to the court by then to try and clear this up.

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On 4/7/2018 at 1:21 PM, CCooper1978 said:

Sorry typing on phone at work.  Yes, the house had to be deeded back to my grandfather because it was in my mother's name.  We are working on finding a lawyer just not sure what type is needed.  

It sounds like they are trying to justify the arson charges because it is not arson on your own property unless you claim against the insurance. 

 

By ordering the property change they validate the arson. Also how is monies given from/to theft. Who is claiming theft?

 

I say don't do anything without lawyers all the way around. 

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