Posted by Jimmy on January 31, 2007 at 07:02:41:
please elaborate
Who WINS this case? - Posted by Jerry
Posted by Jerry on January 31, 2007 at 01:32:57:
If property is in a person’s name and they haven’t paid anything on it, but there is someone else who paid for all of that property for 16 yrs straight. What happens then? does the person who paid for it have a good chance winning the case? What will they get out of it?
Re: Who WINS this case? - Posted by Jack
Posted by Jack on February 03, 2007 at 11:09:03:
I’ve got five minutes to kill so I will give you a sketchy opinion on this sketchy question:
The payer is entitled to reimbursment for the payments made over the past 16 years. But, did the payee accrue the benefits of living in the property during that time? You don’t say. Assuming they did livei n the property, I would then say the payer is only entitled to payments made against principle and taxes. Does the payer have an adverse possession claim? Maybe, depends what state you are in.
Re: Who WINS this case? - Posted by DJ-nyc
Posted by DJ-nyc on January 31, 2007 at 10:14:54:
Jerry,
Without much details, sounds like the person who actually paid the mortgage for all this time would need to prove that they paid with cancelled checks, etc. but they technically may not have a leg to stand on if they are not on the title of the house. The judge may be convinced that there was a partnership involved, but it is a tough sell.
(I ain’t a lawyer but these scenarios are becoming very common)
An oldtimer told me years ago, If your name ain’t on it, You’re homeless!
Why would someone pay 16 years for a property and NOT be on the deed? Wow! I hope the money person has a good lawyer.
Good luck,
DJ-nyc