I have been paying the mortgage and all utilities for the past 30 years on the house where me and my mother live. In 2018 I became the sole owner of the house because we refinanced it and I was the only person who qualified for the mortgage/loan. Now my mother wants her name back on the house, because she thinks that 50% of the house is hers, even though she does not pay anything and I can prove that I have been paying everything. My brother told me that she got a lawyer and is claiming that she was under the influence when she signed her name off the house...even though she was not. She thinks this is the only way to get the house back. What should I do? I don't feel this belongs to her at all. She only gets a small ss check a month, she could never qualify for a loan or pay the house bills.
I would wait till you receive something from her lawyer. Then I would send him your proof. He may just drop her case. If he doesn't, I would then get a lawyer. Which if u win, it will add to your proof because I think sister will be your problem when Mom passes.
If you do not want to sell that is your choice.
I do stand by my comment that you should consult an Attorney just to make sure that everything is titled correctly.
What If mom had a debilitating stroke tomorrow? If mom needs a nursing home, can she afford upwards of $12,000.00 a month, out of pocket, low end cost in my area.
Yes, do consult with a real estate attorney. My guess is that it will be very difficult to prove that mom was under duress when she signed the QC deed. So chances are slim that your sister will get a windfall.
These conversations generally go in a million different directions.
Do yourself a favor, be wise and consult with professional legal experts.
Best of luck to you.
What does the deed or title to the property state?
While you may be the only one on the current mortgage that may mean you are solely responsible for the debt but not that you are the sole owner.
It is possible that in order for you to be sole owner mom would have had to sign a quit claim
I would consult with a lawyer that is well versed in property law.
A call to the county assessors office might also give you an idea as to who is on the title. Or if there is title insurance that would also have the information.
But just because you took out a loan or mortgage does not mean you own the property