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Home purchase/deed transfer from parents went very wrong!!!

Posted on: 22nd Feb, 2010 09:41 am
my wife and i wanted to purchase here family home from her parents. at the time we owned another home and couldnt purchase without selling first.

my parents offered to make a down payment and co-sign until we sold the other house and could refinance. the mortgage company did the loan in just my parents name without us knowing. they also did not add our name to the deed.

the deed for my inlaws house had 2 parts. the house was on one lot and they had bougth 1/2 lot on each side. a detatched garage was build on one side and a new addition went over onto the other side.

the mortgage company failed to transfer both deeds leaving the 1/2 lots in my in-laws name.

my wife and i want to fix everything and have it all in our name. my parents dont speak because of this issue and they want us to purchase/refi the mortage. they will not add out names to the deed.

is this mortgage/deed legal?
can my inlaws transfer there part to my wife and i to used as equity?
we need help!!!
my father is 98 y.o. my younger brother hs his pow. recently a quit claim/survivorship deed was filed on my dads house. could my brother do that using the poa and not tell my father? also, my fathers will was written awhile ago naming all 3 of his children to inherit the house. does the will take precedence over this new quit claim deed? thank you
Posted on: 15th Oct, 2011 08:48 am
Hi Ellen,

Your younger brother can use the POA in order to get the property transferred in his name without your father's permission. The quitclaim deed will come into affect immediately whereas the will comes into affect after the death of the property owner. So, the quitclaim deed will take precedence over the will.
Posted on: 16th Oct, 2011 10:17 pm
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