Posted on: 04th Sep, 2008 09:20 am
My grandparents have a parcel of land with a few homes on the land. The first home is my grandparents home and the second is a mobile home owned by my uncle.
My grandparents bought the land and allowed them to move onto the land. After a few years they refinanced the land and decided that they wanted to leave the land to my uncle in case of their deaths.
Here is where the problem comes in. Now my uncle is on the verge of divorce and the tiltle company wrote the new morgage to read as follows:
Grantor: John Doe, and Jane Doe, husband and wife
Grantee: John Doe, and Jane Doe, husband and wife and Julie
Smith and James Smith, husband and wife as Joint
Tenants with Right of Survirship
Now they are trying to get the land back in their names completly, but Smith's are not being cooperative. What can they do.
My grandparents bought the land and allowed them to move onto the land. After a few years they refinanced the land and decided that they wanted to leave the land to my uncle in case of their deaths.
Here is where the problem comes in. Now my uncle is on the verge of divorce and the tiltle company wrote the new morgage to read as follows:
Grantor: John Doe, and Jane Doe, husband and wife
Grantee: John Doe, and Jane Doe, husband and wife and Julie
Smith and James Smith, husband and wife as Joint
Tenants with Right of Survirship
Now they are trying to get the land back in their names completly, but Smith's are not being cooperative. What can they do.
First of all, that verbiage you referenced is for a deed not a mortgage. So, presuming that your grandparents (Does) executed a deed to your uncle & aunt (Smiths), and presuming that the deed has been recorded and title is now in all 4 names, I'm not sure there's much your grandparents can do, sorry to say. Is buying out your uncle an option?
Hi stuck,
Welcome to the forums.
What I understand from your post is that, your grandparents want to get back their property. And your uncle has already taken out a mortgage. Until he pays off the loan and gives away the property-title, I guess getting back their ownership rights isn't possible.
Take Care
Welcome to the forums.
What I understand from your post is that, your grandparents want to get back their property. And your uncle has already taken out a mortgage. Until he pays off the loan and gives away the property-title, I guess getting back their ownership rights isn't possible.
Take Care