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Legal Advice anyone???

MountainBudz

⛽🦨 Kinebud and Heirloom Preservationist! 🦨 ⛽
Well, I assume someone on this forum has at least some knowledge of legal advice.

This is about a double wide mobile home that I am currently living in and making payments on.

This is a very complicating situation, Where do I start???

I am currently living in a home that I just purchased from my (crazy ass) ex mother in law, who purchased the home from my brother, who had purchased the home from my father, who had purchased the home from my grandfather.

Me and her agreed on me making a down payment and then paying monthly payments from there on out. I did not sign any agreements or any papers and I paid her 1200 dollars down this past spring and have been paying anywhere from 2 to 300 bucks every 30 to 40 days. I have no receipts that I have paid her but I have messages saved on my phone.

Here is the deal... She got upset at me because she asked me to make a payment a couple days ago and I didn't have the money at that given time. I told her to give me a couple of days and I would pay her. Well I planned on paying her tomorrow. She messaged me tonight and said that she had talked to a lawyer and she is getting me kicked out of here because I didn't have the money when she asked for it and she would give me 30 days to move. My ass ain't going no where.

I have paid this woman every time and I kick myself in the ass everyday for not getting g receipts and paying her with cash.

Here is the catch though... I need to know if she can legally kick me out or make me move. This is how it goes... Please bare with me because it gets complicating but should make sense...

My grandfather bought the house around 15 years ago. The title being in his name, he sold it to my father. He never did sign the title over to my father, he says. My grandmother thinks he did sign it over and put it in my father's name. Well my father ends up selling it to my brother, he told my brother he could not find the title to the home. So my brother owned it for 6 years. He then sold it to my ex mother in law, still no title no where to be found but yet it is still in either my fathers or grandfather's name.

So my question Is, with her not having the title or having her name on the title can she legally make me move? I mean I would think that she has to have the title or her name be on the title in order to do so. Any help is greatly sacred to me!!

And yes, I know, I am an idiot for not paying with money orders or something similar and getting receipts but I feel as if her not having a title or having the double wide in her name could save me on this. I have the home halfway paid off. It really pisses me off that she is even thinking this way!
 

CosmicGiggle

Well-known member
Moderator
Veteran
..... if the title isn't in her name it sounds like yer all screwed and a lawyer's gonna get rich.

Sorry:tiphat:
 

billy_big_bud!

Proud Cannadian Cannabist
Veteran
asking for legal advice on a cannabis forum is like going to an auto mechanic for a tooth extraction. is he going to get it out? sure. but there will be blood.....
 

Mate Dave

Propagator
ICMag Donor
Veteran
She needs to have you move out voluntarily as posession is 9/10's if the facts are that your dad owns it & that the sale was unproveable. Paperwork counts. Are you growing there?
 

Easy7

Active member
Veteran
Is the lot owned by someone else and rented or is it owned on title with the mobile home?

If the lot is with the trailer then check the local prooerty tax peoples website to see what they have for an owner on record.

Sounds like Grandpa still owns it. So it would be an estate if he's gone. Then the whole family could auction it.

Sounds like you made a bad move paying someone who does not even own it.
 

MJPassion

Observer
ICMag Donor
Veteran
Nobody here can give you legal advice.
Absolutely nobody!
That's a criminal charge for anybody who does!


You can, however, discuss the situation & learn a few things.

The first thing you absolutely need to know is:
If you don't know what the law books say, & you can't afford an attorney, your screwed!
You must know the letter of the law in order to save your own ass.

It sounds, to me, like you better put the cellar build on hold until you get this shit buttoned up.
 
M

moose eater

MJ Passion is correct. Giving 'legal advice' in most states amounts (technically) to practicing law without a license.. I think that's rule 82 in Alaska.

That outa' the way, and this not being legal advice, are there ANY signed contracts passing the possession or ownership to your ex-m.i.l.?

If she has no contract signed by anyone (either when she acquired it, or when she sold it), and she has no title, then the phone texts/e-mails you have are a double-edged sword; they -may- prove you paid her money to stay there, but that also implies she has some right to or interest in the property.

You need to figure out, in light of any and all evidence, if there's a way to win the battles without losing the war.

And most states have some sort of eviction process involving tenants/buyers' rights.

You can probably get some amount of legal advice from a 'legal services' office in your area if they have such things where you are. They're typically available for folks who are cash-poor, etc, and often rely on some degree of public funding, if you qualify.
 

DuskrayTroubador

Well-known member
Veteran
I don't know anything about the law, but I imagine that if I called the cops and told them to evict someone from a property that I own, I would have to have some way of proving to the cops that I actually own the property in question.
 

Lester Beans

Frequent Flyer
Veteran
Don't freak out man, go to the county clerk and find out who owns the property. Then that person needs to apply for new paperwork before anything is done. You can't be evicted in 30 days, at least in most places.

I would go give her the money, take her a latte or whatever, apologize for being late and I'm sure she will be cool. Then find out who owns the property and chat them up. No paper no ownership possible.

Hope y'all can talk it out as life is too short for courts and lawyers between family.

Best vibes.
 

gorilla ganja

Well-known member
Ya what Lester said. Should be easy and cheap to find out who's name is on title. If I understand your story correctly it may be your grandfather who still legally owns it. If he is the only name on title and its been all cash and handshakes since then it gets confusing.
But whose name is on title is what counts.

Oh and it's hard to evict people who have a financial interest in the property. Just pay her, and try to get something on paper.

Peace GG
 

herbgreen

Active member
Veteran
mobile homes are titled like cars....

You can go to the dmv or visit their web site but its like a car

And you have a verbal agreement which is an agreement

Try to work it out with mother and law and get an agreement wrote up on paper

Also order a replacement title for the "vehical" in which you reside with your name on it

I know all this stuff because I used to live in one

Anyway, you could just see what happens but you need that title to say you own it

There should be some sort of plate on the outside somewhere with info on it like a registration
 

MJPassion

Observer
ICMag Donor
Veteran
I just had a thought...

-You are purchasing the property (mobile home).

I'm not positive but...
I don't think you can't be evicted from a property you are purchasing unless there is a foreclosure happening.
 

herbgreen

Active member
Veteran
Yeah they would have to evict you?

so dont just let them kick you out....but some folks are not exactly in the mood to involve the sherriffs dept...

Anyway....if everything is extra cool maybe you might have to as long as everythings cool

They have to take you to court at which point they would need to prove who even owns the place

Try to work it out with mother in law!

Its the flippin Holidayz man cant we all get along!!!

and not put relatives out on the street...on Christmas!
 
M

moose eater

Those who advocated for working it out informally and on a friendly basis are morally and karmically correct, in my opinion.

But it doesn't sound like you're on good terms with your ex-m.i.l., i.e., the 'ex' part of it all. (*My guess is the deal occurred when she was still your m.i.l., though I don't know that).

All of that said, bottom line, contracts and their stipulations matter. If there's a contract signed by the two of you that defines conditions or expectations, the court -will- consider that as a legal document, unless there's some mitigating factor that nullifies its conditions/terms.
 
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MountainBudz

⛽🦨 Kinebud and Heirloom Preservationist! 🦨 ⛽
Well I have to say that I am surprised to see so many answers to this post. Thanks a lot guys!

I had talked more with my father about it and he said last time he went to the courthouse and checked, they told him it was still in my grandfather's name. This is what they told him.

Yes my grandfather is still alive, and he said he is NOT signing nothing over to her period. No matter what.

I thought about going to the courthouse and checking myself, just not sure how to go about it.

The land that the mobile home is on belongs to my grandfather as well. I seen a few people asked about the land.

No there is no paperwork, nothing signed. No agreement except for verbally. So, when I go to the courthouse I need to find the plate on my home before I head up there and give them the information and I can just get it signed over in my name just like that??
 

MountainBudz

⛽🦨 Kinebud and Heirloom Preservationist! 🦨 ⛽
She also has no proof she purchased the home, similar to my situation, She paid it in cash.
 

MountainBudz

⛽🦨 Kinebud and Heirloom Preservationist! 🦨 ⛽
Yeah they would have to evict you?

so dont just let them kick you out....but some folks are not exactly in the mood to involve the sherriffs dept...

Anyway....if everything is extra cool maybe you might have to as long as everythings cool

They have to take you to court at which point they would need to prove who even owns the place

Try to work it out with mother in law!

Its the flippin Holidayz man cant we all get along!!!

and not put relatives out on the street...on Christmas!

So I can order a replacement title with my name on it? Clerks office or online??
 

MJPassion

Observer
ICMag Donor
Veteran
Only your grandfather can get a replacement title.
Unless you went in with a Bill of Sale.

The fact that the place is in your grandfathers name & it sits on your grandfathers property, is huge.

She will have to take everybody involved to court to prove her case (your m.i.l.).
I don't think that will happen.

It sound like yall (fam) needs to sit down & have a bit of a discussion about the situation, if at all possible. But at the same time, it sounds as if there is some animosity surrounding this whole ordeal.
 

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