Post removed

[otherone]

1. I don't think that you can get help at DU like this

but good luck finding your new digs..

[anneboleyn]

48. Question, hasn't this poster asked for money before? I agree with you. It is the internet

after all and asking other DU posters for money, to be given to an online account, seems problematic to me.

[shenmue]

2. Mercy

[JJChambers]

3. Have you tried using Crowd Sourcing at Amazon.com to make some money?

http://aws.amazon.com/mturk/

This is a great way for disabled folks to make some supplemental income.

[grasswire]

4. do you have a case worker?

Is there a low-income law clinic in your location?

You really need someone in your town to help you figure this out.

[winter is coming]

5. K&R for visibility. n/t

[treestar]

6. Is your father living?

It's his house. Butch can't sell it unless title is in his name. He may have a lien for 30K but he'd have to establish that in court first.

Can't help but snigger a bit at Butch getting his signature just "Butch" notarized.

[MADem]

7. Send your brother this letter, I am assuming "Butch" isn't the sole owner of the joint.

If it was left to both of you, Butch can't shift you with the snap of his fingers.

Dear Butch,

You want your money that you loaned to our father? Sue Dad's estate. You'd better have receipts. See you in court.

I don't have anywhere else to live. You can move in with me if you want; that'll solve both our problems. Or you can be a jerk and toss your relative out on the street--your choice.

Sincerely,

Steven

PS--You know I'm going to tell any realtor that comes around here that you don't have clear title to this house, don't you? So don't do me like this. Blood is thicker than water.


Go get it notarized at the same joint where Butch had his little letter done.

That'll give you six months, at least.

Don't move out. Go get some help at legal aid. Throw a yard sale to get some cash, if you're both inheriting, make sure you put half aside for Butch. He sounds like a cold hearted jerk.

Good luck!

[In_The_Wind]

8. That's great advice.

[TBF]

9. You don't need DU -

you need a legal aid clinic.

Does Butch have clear title to the house? That is the only way he can legally sell it.

All you have shown us is a letter he wrote & the notarization just means a notary watched him sign it.

Take this to legal aid and find out what your options are.

[Auntie Bush]

13. That's good advice. You only need to hang on till your SSI cames through by Dec.

Make sure that son-of-a Butch knows that. Have you looked into Welfare and Food Stamps? Those programs are there to help people like you. Also you may try to find a organization in town to throw a fund raiser for you. A friend of mine did that when she had cancer.

[dem in texas]

10. I don't think you are presenting the full picture

Has your father's will been probated? Whose name is on the mortgage? Are there other siblings? How do the laws in your state handle a debt of a deceased person? Is your brother's name on the mortgage, does he have a note from your father? Does your brother have the right to list and sell this house? Lots of unanswered questions. You need some legal advice and maybe something can be worked out.

[Swede Atlanta]

14. Legal Aid is needed here.....

Who is the executor of the father's estate? If it is Butch and Butch is a potential creditor of the estate that means he has a conflict of interest. There is a possibility to challenge him as executor if you can demonstrate there are other assets or other ways to satisfy the debt of your father's estate to Butch. Butch had better have good documentation on the loan. If the father was not paying any interest the IRS might classify the interest forgiveness as a gift. As well if the father was paying interest Butch had better be declaring that as income.

Without more facts it is difficult to see where this may go. But one thing is certain....you need legal support to look at all of the issues here along with the application of state law. Butch can get a note notarized but that doesn't mean he can do what he is planning to do.

[penultimate]

16. Why say anything at all then?

[Sheldon Cooper]

19. You stay classy, TJ!

[Generic Other]

21. DUers are known to help one another

Sometimes free advice and encouraging words are worth their weight in gold.

Many DUers will not tolerate such unneccessary rudeness, TransitJohn. I think you need to show a bit more empathy.

[malaise]

36. A truly disgusting respose

[OldHippieChick]

12. If you don't have a legal aid clinic

than talk to the law firm handling your SSI appeal. Bitch/Butch has obviously not spoken w/ a lawyer or he would be dealing w/ this in a different manner. He's bluffing, but you haven't given us enough information to give you any further guidance. However, you're not going to get 32k here.

[stewert]

18. OldHippieChick..........

I'm not trying to get 32k here, I know that is not possible. I am just trying to raise a little money so if I have to move out within the 30 days I will at least have a little money to try and get into a new place somewhere. I have a few friends I can ask if they will let me live with them for a while, and if I have a little money to offer them it will help.

[flvegan]

15. Who holds the fee-simple title to the property in question?

[stewert]

17. More Info.............

My Dad left the house to me and my younger brother Scott in his will, but my half brother Butch paid off his 2nd mortgage for $32,000, to do that he had my Dad put his name on the deed to the house.

I talked to the attorney who did my Dads will a couple years ago and told him the situation, and he said the fact that Butch has his name on the deed cancels out the will.

My Dad has a mortgage on the house now that I have been paying since he died last May, so I have some money in the house too, I paid $450 a month on the loan for a year.

I have a $40,000 balance on the current home loan with Chase bank.

And btw, I plan to call a free legal aid hotline Monday and see what they say about it.

[Warpy]

20. Calling the hotline should have been done first before asking for money here.

Half brother doesn't own the house, he owns one third of the house. At time of sale, he will have to fork over your share in cash. A lawyer can help you untangle who owns what and who owes what to whom.

Solutions will happen according to whether or not he had the proper paperwork done at the time and whether or not you and your brother together will be able to float a second mortgage to cancel his lien and get him off the title.

[stewert]

23. Warpy............

There is no way possible for me and my brother Scott to float a 2nd mortgage to cancel his lien and get him off the title.

The paperwork looks good to me, but I am not a lawyer, and btw, butch used to own a mortgage company so he knew what he was doing when he paid off that $32,000 2nd mortgage, I am pretty sure he had his lawyers telling him what to do to make it legal.

[Warpy]

24. You will still get a third of the take if he does force a sale

A wiser idea might have been to set up a payment plan when your dad died.

Chances are he needs the money, too.

The economy sucks for everybody but the Koch boys.

[Yo_Mama]

41. He doesn't have a lien, he owns the property outright

According to your other post about the deed. But you didn't know this, and if you were paying a mortgage on his property with your money, then you can reasonably tell him to fork up.

What you want to talk to Legal Aid about is what legal grounds for actions you may have for the purpose of negotiations with him.

[sweetapogee]

45. the letter

from Butch seems to indicate that all he wants is his 32K investment, which I think is reasonable. I'm assuming that the total amount of debt that the estate has is 72K. Is there any other debt that the estate needs to pay off?

BTW, you might be able to bill the estate for some of the money you have put into the home since the legal owner passed. Hopefully you can document your outlay.

[stewert]

22. flvegan........

I found a copy of a quit claim deed. It says this:

The grantor, florian d. senti, county of peoria and state of illinois, for and in the consideration of the sum of one dollar and other good and valuable consideration, Conveys and quit claims to florian d. senti and vernon (butch) senti, father and son, as joint tenants and not as tenants in common, all interest in the following real estate.

Then it has my Fathers signature as the seller, and another signature by my Father next to the word (SEAL)

florian d. senti is my dad, and vernon d. senti is my half brother we call butch.

[Yo_Mama]

34. I'm really sorry but you have no property rights at all in the house. The title has reverted to him

This will explain Illinois law:
http://www.illinoislawyerfinder.com/articles/you-and-the-law/estate/joint-tanency-joint-tenants-illinois

Each joint tenant, regardless of which one purchased or originally owned the property, has the right to use and to share in the income from the jointly owned property. A joint tenant’s interest in the property terminates upon his or her death, and the surviving joint tenant or joint tenants then own the property free of any claim by the heirs of the joint tenant who died. This may not be the intent of the original joint tenants, because it bars descendants, heirs or beneficiaries and all but the surviving joint tenants from receiving any interest in the property.

That's under Illinois law.

He does have clear title. There may be other laws on the books in IL that give you some eviction protection, but since upon his death your father's interest in the property terminated, the house was not property that could be conveyed in the will.

The only possible legal avenues you have are an undue interest civil action. If your father executed the will after he executed the deed, you could claim that he did not understand what he was doing when he signed the deed. However if your father executed the will before he executed the deed, the will is entirely invalidated and I don't see that there's any chance at all.

Again, I am sorry to be giving you this information.

[zappaman]

25. You certainly ask for money quite a bit.

In fact, every OP on DU in the last year has asked for money.

http://www.democraticunderground.com/10023561214

http://www.democraticunderground.com/10022854343

http://www.democraticunderground.com/10023629357

http://www.democraticunderground.com/10023693497

http://www.democraticunderground.com/10023944554

http://www.democraticunderground.com/10023971521

http://www.democraticunderground.com/10024379384

http://www.democraticunderground.com/10024583778

http://www.democraticunderground.com/10024610633

[TransitJohn]

28. I thought something was up. But I got called out upthread.

The OP is a weird post.

[cali]

33. I apologize. There is something wrong with using DU as a place to raise money

I can see asking for help once, but evidently the author has done so repeatedly

[JI7]

39. i believe his problem is real, if you look the main problem is making the payments

he has been trying to get SS but has not been able to do it yet. so he asks for people to donate to make the payments.

he has no job . he has put his personal info out also.

[anneboleyn]

51. He repeatedly asks for help here -- an internet message board. Not appropriate.

[JI7]

54. it might not be appropriate but i think his problem is real

but it has probably hurt him more because it looks like his brother has been cheating him . he should have got some legal advisor right away after his dad passed.

[jehop61]

35. Sent an alert on this guy

But it never was addressed. He's the DU equivalent of a Nigerian Prince.

[rdharma]

43. You mean the Nigerian Prince I just sent my bank routing info to?

Damn! I hate when that happens!

I hope MIRT is watching this thread.

[anneboleyn]

49. Thank you. People actually gave him money last time around. This should be stopped.

[malaise]

40. Damn

Zapped!

[rdharma]

42. Good catch! nt

[Jesus Malverde]

44. thank you...nt

[anneboleyn]

52. NINE TIMES IN THE LAST YEAR? Why is this being permitted? Thank you for posting all of these

It disturbs me that this person has posted here nine times in the last year asking for money!

[LeftyMom]

26. That's not an eviction notice.

You're under no obligation to move at this time.

I can't tell you anything else because that's not my area of expertise but I do know evictions from years of working in rental housing. Legal notices to quit are rather precise in their wording and how they must be served. That's so far from being a correct notice requiring you to move out that it's not even funny. Getting it notarized to make you think it's something with any weight behind it is damn near comical.

How long evictions take varies wildly. In my area after a 30 day notice expires it takes roughly six weeks to even get a court date, often the court gives people additional time, and then it's longer still before the cops actually show up to get somebody out and change the locks.
Beg, borrow or steal to get a real lawyer.

[GeorgeGist]

27. Is Butch his full legal name?

If not, the notarization is meaningless.

[Crepuscular]

29. The quit claim likely

supersedes the will but if he gets the house, he also gets the mortgage and he should have been the one (or your dad's estate if there is one) paying the mortgage payments since your father passed. I'd stop making those payments right away. Secondly, if you had some kind of agreement with your dad to live in the house (informal lease. making mtg. payments in lieu of rent) butch may have to go through formal eviction proceedings to force you to leave the house before he can list it. Depending on the laws in your state, you should be able to string that out for 4 - 6 months. Or you could go to Butch and say, " Dear Brother O' mine, I made approx. $5,000 in mortgage payments that were your responsibility, if you want me to vacate the property so you can sell it, simply reimburse me for those payments and I'm outta here. It's called cash for keys, he will be familiar with the concept if he was in the mortgage business.

Good luck, hope it turns out well for you.

[stewert]

38. Crepuscular..............

Since I have been living in the house since my Dad died are the $450 a month payments I have been making to Chase bank considered rent?

I was also the caretaker for my Dad who had alzheimers for 2 years before he died, and I believe Illinois has some kind of law against taking the house of a live-in son who was in the house for that time.


I know it's a complicated legal issue, and I will call the legal aid hotline Monday.

[nobodyspecial]

53. There is no such law.

I hope legal aid can help you. Even if you do get SSI, will that be enough to keep the house? It might be better long term to get something smaller and more affordable. What if something big goes wrong? How are you going to replace a roof or furnace? You really can't rely on the kindness of strangers to keep a roof over your head.

[JI7]

30. some mentioned this before, but how about renting out a room in the house

and that could help with the monthly payments you need to make .

[JI7]

31. that letter doesn't even have his legal name , i think your brother may have been scamming you

for a while now. not just this but other things. you really need to get a legal representative to help you out with this.

[Voice for Peace]

37. In some states you can't be evicted on 30 days notice.

In general the laws are written for the tenant's benefit,
I believe.

You should check your landlord/tenant laws.

[Jesus Malverde]

46. Who in this day and age does not have access to a computer and a printer.

strange OP.

[840high]

47. kick Legal Aid.

[MineralMan]

50. You need an attorney.

Call your local Legal Aid office. DU is not a substitute for legal advice.