My situation is a little complicated so I will need to explain fully
to help You to understand the mess that I have gotten myself into. My
husband passed away in Jan/2000, of cancer My Husband and I had filed
for a medical bankruptcy in 1999, and it was approved.
In the year 2000 I was forced to sell our(my & husbands)home and I
purchased a mobile home which I lived in up into March 2004, during
the time I lived there I was saving money in order to purchase a
structured home. during this time I had met someone and he moved into
my home(mobile) we had planned on marrying and buying a house
together, we found a home and the problem we ran into is I had no
credit no points! due to the bankruptcy so We could not obtain a joint
Note on the property, So Robert (solely) applied for the loan of
85,000 and we shared the down payment on the home, before we had
decided to purchase a home together, we had a problem with robert
having a drug problem and having an affair with the women who provided
the drugs, we had split over this and he came and approached me with
his undying love and swore If I gave him another chance he would buy
me a home and If I would commit to him by selling my home that he
would release title to me and we would be married to prove he was
sincere and start our life fresh by moving out of the chico,Ca area up
to paradise,Ca. I feel like such a fool!! and wish I could sue him for
the lies and fraud! At the time of escrow closing, Robert transferred
the Title into my name (solely)as a Gift! So I am the rightful
property owner and is recorded as such,In short I am the property
owner subject to his loan. I have been paying the mortgage
electronically though my bank since we bought the house 3/12/04 as
well as all house hold bills along with the home insurance and tax
roll he was not employed as he told me he was selling his business in
Oakland, and we would live on the money from his sell but he lost his
business to abandonment which I recently found out along with his drug
use and affair had still be going on.. Now the problem Is Robert and
I have gone our separate ways and and I currently have a restraining
order placed on him for abuse until 01/5/06 My Question is since I am
the only person on the grant deed and he has forfeited mortgage
payments to his lender as I basically took over his loan without the
lender being aware of this arrangement. They have been accepting my
payments from my billpay service that has been arranged for a
recurring payment that is automatically removed from my checking
account each month. Now robert is demanding I sell the home to give
him back his gift! (down payment)Or he will take the house away by
taking me to court! and I really feel he used me to hide his assets
and the promise of marriage to hide his funds from his creditors, I
found he has tax liens and alot of other pending suits! I gave up my
home my security for this man and now I have no funds left from the
sell of my home as I used the money to pay all the bills and
supporting his needs as well, I have totaly spent 47,0000 in paying
mortage, bills insurance Tax's etc.. Basically I will be homeless! I
have put so much into my home! and the mortgage is 85,000 to payoff!
my payments are 503.00 a month and have a very good record of paying
on time without any late fees etc.. please tell me what are my rights
in this mess I cannot obtain an attorney I have tried No attorney will
represent me without a large retainer,due to my disability my income
is survivor benefits through SSI. Please help what rights do I have?
and if I am brought to court what will happen or what can I do? I plan
on just continuing the mortgage payments but he wants back in the
home or sell and I only have owned the house a little over a year?
Thank You for the opportunity to address this problem |
