Posted on: 31st Mar, 2010 07:27 pm
This is a lengthy story, but years ago when I was a partner in a construction company in Upstate NY, the company went belly-up. The banks came after all assets, but left a property alone that I still have the deed to with my wife. Right around the time (or just after) the construction company flopped, a man came to my door who knew I had move to a village close by. He asked if I would sign a hand-written letter he had concocted that said I would give up any interest I had in the property I owned, so he could in turn go to the bank and try to get the property. My wife was not around so she couldn't sign it, and her name was on the deed as well. 25 years went by, but he never went to the bank, or couldn't get a clear deed. However, he rented the trailer on the property to his son, and did pay taxes on it over the years. There's nobody on the property now, and he sold the trailer on the property to his son, and now he wants to build on it. Upon calling the Jefferson County Clerk's office, we found out to our surprise the title is STILL under my wife's and my name. We called a realtor and expressed interest in maybe selling the property. All the proper channels were followed.. an the property was listed and a sign put on it. This guy calls the realtor and says "That's MY land!" He says he has a lawyer and he's providing a "Quitclaim Deed." I have the original deed. What kind of problems are my wife and I up against (excluding malicious property damage of course)? Thanks in advance for your expertise. Sincerely, Marcus and Rhonda
Hi marcchauvette!
Welcome to forums!
If your wife did not sign the deed and transfer the property to any one, then she will still be considered as the owner of the property. I would suggest you to have a word with a real estate attorney and take his opinion in this regard. He will be able to help you in a better way.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If your wife did not sign the deed and transfer the property to any one, then she will still be considered as the owner of the property. I would suggest you to have a word with a real estate attorney and take his opinion in this regard. He will be able to help you in a better way.
Feel free to ask if you've further queries.
Sussane
you signed "a hand-written letter he had concocted"????
why would you have done that, and what makes you think that he shouldn't be able to hold you to your bargain, even though it's a quarter of a century later? you stated that he actually transacted business with that property as well...renting it...paying taxes on it...
i think that your wife's not having signed the "letter" will certainly muddy things up for all of you, but it sure seems like the guy has a pretty convincing argument to make in front of any court that you all might enter.
it sure will be interesting if we can follow your story to its conclusion.
why would you have done that, and what makes you think that he shouldn't be able to hold you to your bargain, even though it's a quarter of a century later? you stated that he actually transacted business with that property as well...renting it...paying taxes on it...
i think that your wife's not having signed the "letter" will certainly muddy things up for all of you, but it sure seems like the guy has a pretty convincing argument to make in front of any court that you all might enter.
it sure will be interesting if we can follow your story to its conclusion.
the only thing that was supposed to have been in bold print was the phrase:
"a hand-written letter he had concocted."
i hope nobody gets the wrong idea.
"a hand-written letter he had concocted."
i hope nobody gets the wrong idea.
I was young, stupid, scared, etc. after what had just happened to my family and I. He obviously took advantage of my vulnerability and not knowing what I was getting into at the moment. Why would he have asked me to sign something like that in the first place?
Hi Marc,
He may have asked you to sign the document in order to get the ownership of the property.
Thanks
He may have asked you to sign the document in order to get the ownership of the property.
Thanks
that's the simple answer to the question, of course, but it seems to be the correct one as well.