@babsatamelia,
babsatamelia wrote:What I signed, unfortunately was a JTROS - NOT a 'life estate" which was what I had intended.
I assume that JTROS means "joint tenancy with right of survivorship."
If you kicked her out and she was a joint tenant, then she has a right to sue you. But even if she had a life estate and you kicked her out, she
still would have had a right to sue you. In either case, she would have had a property interest in the home, and you had no right to kick her out.
Next time, you should not only read what you sign, you should have your own lawyer draft what you sign.
babsatamelia wrote:SO we agreed to meet with this mutual friend, who was a witness to her signing a QUITCLAIM DEED to my
property. She also signed as a witness and notarized the QUITCLAIM deed signed by my longtime companion, since those were the ONLY conditions under which I would take her back.
Well, she signed the papers but somewhere between our visit to the office
of our friend and the next morning when I was taking the quitclaim deed
to file at the courthouse I found the document was MISSING.
OK, I understand you are in a very bad situation and you've come to us for help, but I just have to ask:
what kind of bonehead are you? First of all, you sign away half of your interest in your home without bothering to read the paperwork, and then you have your ex sign a quitclaim deed without bothering to keep a copy for yourself. And both times it appears you acted without the benefit of an attorney. So here's my first piece of advice for you: STOP TRYING TO BE YOUR OWN LAWYER! Just stop it! I know it can be expensive, but I think you're beginning to learn that a little expense up front can save a huge amount later on.
babsatamelia wrote:No doubt she destroyed it. But, even so I DO STILL HAVE A SIGNED & NOTARIZED STATEMENT OF THE MUTUAL FRIEND DECLARING THAT SHE DID WITNESS HER SIGNING OF THE QUITCLAIM DEED TO MY PROPERTY.
Probably worthless because of the statute of frauds. But at least you have
something.
babsatamelia wrote:One attorney she went to told her she didn't have a chance, but the next thing you know - MY attorney was negotiating a settlement with this woman when I had no idea that any such negotiating was going on.
Your attorney, of course, should keep you advised of any settlement negotiations. You, however, have the final say on whether or not you accept any settlement. If your lawyer agrees to a settlement without your approval, then he or she is acting unethically. And when I say "unethically" I mean
really unethically.
babsatamelia wrote:This is supposed to be finalized in court tomorrow (where I will now have to come up with alot of money( about $35,000) to buy her off and finally get her off my back. But the whole thing just somehow seems VERY SLEAZY AND JUST NOT QUITE RIGHT!!
It's quite possible that $35k is a fair settlement in this case. I wouldn't know, since I don't know how much the property is worth, but buying someone's half-interest in a house for $35k would certainly be a bargain in many parts of the country.
babsatamelia wrote:I fear that my attorney is a real sleazy guy who may be splitting the money with her.
As
jespah said, if you're in doubt, get a new lawyer.
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