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06/29/11, 03:42 PM
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Banned
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Join Date: Mar 2011
Posts: 2,853
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Quote:
Originally Posted by Nevada
A private contract (for land, or otherwise) does not need to be filed anywhere to be valid. Fact of the matter, it doesn't even need to be notarized. As long as the intent is clear, everyone agrees that they signed it, and it's consistent with the laws of the state, it's a binding contract.
For real property deeds, if it's a "race" state then yes it needs to be recorded (with the county, not with a title office as you suggest), but not in a "notice" state. I happen to live in a "race/notice" state. "Race" refers to the deed being recorded in the county offices, but "notice" can be made in a variety of ways.
There are sometimes occasions where "wild deeds" (an unrecorded deed that someone finds laying around, perhaps in his deceased grandmothers belongings) will crop up. Regardless of the laws of the state, wild deeds almost always end up in front of a judge.
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Not true. There are certain states that are anal about everything, including laws concerning property. Land contracts are nothing more than leases that can be broken easily.
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06/29/11, 04:46 PM
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Join Date: Sep 2007
Posts: 317
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Go hire a lawyer in Alabama to tell you what your rights are. It likey depends on what the law is in Alabama, and thefore what the folks are telling you here may or may not be right. This is one time in your life when you need a lawyer. Go hire one.
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06/29/11, 05:02 PM
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Join Date: Jun 2002
Posts: 5,240
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Well now, isn't this nice? You trust an older lady who is a friend of your mother's to "buy" her house. She finances it due to problems with the house that you can't get a loan, and after living in it for almost 10 years with you fixing things and putting money into the place, now that she is on death's door, she decides, "Uh . . . . you were just renting it." Nice!
One thing I have to question is why the taxes and insurance were still in her name. If that was her idea, it almost sounds like she has planning on screwing you the whole entire time. I certainly hope you have a SIGNED agreement and hopefully one that is recorded or at least notorized.
Pancreatic cancer patients usually "go" quickly. And if you are still trying to get this figured out by the time she dies, the sister will be taking you to court because you "coerced" her poor sister into signing this paper.
Get to an estate attorney immediately!
Let us know how things go.
__________________
Michael W. Smith in North-West Pennsylvania
"Everything happens for a reason."
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06/29/11, 05:08 PM
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Join Date: Jun 2011
Location: Gassaway, West Virginia
Posts: 88
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I would definitely get a lawyer on this issue, there's too much at stake to try to figure it out on your own. The money the lawyer costs will pale in comparison to what you might lose.
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06/29/11, 05:46 PM
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Voice of Reason
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Join Date: Sep 2004
Location: Las Vegas, NV
Posts: 33,719
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How about letting us see the agreement? PM the agreement if you want it to be private.
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06/29/11, 05:49 PM
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Join Date: Jul 2006
Location: Eastern North Carolina
Posts: 34,240
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Quote:
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A private contract (for land, or otherwise) does not need to be filed anywhere to be valid.
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In NC, any real estate transaction REQUIRES a lawyer to be valid
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ΜΟΛΩΝ ΛΑΒΕ
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06/29/11, 05:52 PM
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More dharma, less drama.
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Join Date: May 2002
Location: Texas Coastal Bend/S. Missouri
Posts: 30,490
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Two issues. Having a lawyer isn't the same as being filed at the courthouse.
Here in Missouri, I've bought several pieces of property without a lawyer or real estate agent, but I know what I'm doing.
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Alice
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"No great thing is created suddenly." ~Epictitus
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06/29/11, 09:34 PM
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Voice of Reason
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Join Date: Sep 2004
Location: Las Vegas, NV
Posts: 33,719
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Quote:
Originally Posted by Bearfootfarm
In NC, any real estate transaction REQUIRES a lawyer to be valid
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I don't know why a state would do that to their residents. Do they really hate you that much, or do they just like lawyers that much?
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06/29/11, 11:41 PM
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Join Date: Oct 2010
Posts: 467
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Laws are written by lawyers. They were just protecting their livelihoods.
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06/30/11, 01:03 AM
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Join Date: Jan 2004
Location: MN
Posts: 7,610
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Sounds like you are getting hussled by 2 little old ladies.
Your document better be written properly, and with you not paying the taxes, looks like they set you up good, they covered their bases.
I'd be running this by a good land lawyer, when the one dies, considering what she said you are going to be in a world of 'we said/ she said' and the sis can afford to throw a lot of money at a lawyer to invalidate anything you didn't record properly.
Really, really looks like you were set up from the beginning, her illness got in the way, but she was working you from the beginning.
--->Paul
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06/30/11, 02:42 AM
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Join Date: Jul 2006
Location: Eastern North Carolina
Posts: 34,240
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Quote:
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I don't know why a state would do that to their residents. Do they really hate you that much, or do they just like lawyers that much?
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It's the smart thing to do so as to avoid problems later on
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ΜΟΛΩΝ ΛΑΒΕ
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06/30/11, 08:41 AM
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Join Date: Mar 2009
Location: N AL
Posts: 2,232
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Her saying "payments would have to just be considered rent" would have me going to see a lawyer immediately. Her sister wants the house and is bucking about letting you continue to buy it. Squatter's rights looks at who was in the house, but also who was paying taxes, insurance, etc. Say the reverse was happening, you were renting but paying taxes, insurance, utilities, etc in your name? You would have a leg to stand on (after a certain number of years) to claim Adverse Possession... Her sister may have a claim  Good luck!
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06/30/11, 10:47 AM
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Voice of Reason
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Join Date: Sep 2004
Location: Las Vegas, NV
Posts: 33,719
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Quote:
Originally Posted by CarolT
Her saying "payments would have to just be considered rent" would have me going to see a lawyer immediately.
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The first thing I would do is look at the agreement again. Lacking the language of the agreement, we don't have a lot to go on.
Quote:
Originally Posted by CarolT
You would have a leg to stand on (after a certain number of years) to claim Adverse Possession...
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Unfortunately the written agreement, even if it were just a rental agreement, would disqualify any claim of adverse possession.
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