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Last Xmas my aunt gave me the house that I resided in for 5 years with my kids she said I earned it with sweat equity-now she so

Oceanside, CA |

Sold the property I only found out when I was served a 30 day move it from ct mortgage the gift happened in front of her assist and I have a Xmas Carson 12252011 from that date I've done more painting landscaping ect... She won't talk to me and I'm facing eviction I told her that I needed to work on cleaning my credit first before deed exchange she agreed and I've told her my step by step profess - just now at the end and paying off collection(my ex)she initially wanted me to file Bankruptsy I was not a candidate as my credit wasn't that bad- I'm broke and terrified I've got a few attorney bad advice I know she will settle out of court what can I do to extend stay with ct mortgage and what would sway judge re house we have been here a year after gifts with improvements

Attorney Answers 3


  1. There is insufficient information in your post. When you say your aunt "gave" you the house, was a quitclaim deed or grant deed recorded? Or did your aunt merely let you live at the house without changing the public records?

    How you proceed will depend upon the legal theories you can assert, for example "quiet title".

    Was there a foreclosure? How was the property sold? From whom to whom?

    Has an unlawful detainer lawsuit been filed against you to make you move? That process normally takes 30 to 45 days. You might be able to file a civil lawsuit for quiet title and then consolidate it with the unlawful detainer action if title is in dispute.

    Your situation is complicated and requires a much more detailed analysis from an attorney that you hire.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  2. Based on the facts you have stated, this is not an elder law issue. I have changed your practice area to eviction so someone who practices in that area in your jurisdiction can try to help you.

    Of course, as always this answer is general in nature, applies only to Illinois law, assumes certain facts omitted from the question and does not take into account any facts specific to any person’s particular circumstances. No attorney/client relation is created hereunder and I highly recommend you seek first the counsel and advice of an experienced contested civil litigator prior to taking any actions relating to this matter, as seemingly insignificant actions may have unintended consequences.


  3. You have two broad choices. Either accept the fact that you have no rights since the gift was never implemented or hire a lawyer to investigate the facts and filings and if they are favorable file a court action or negotiate a settlement on your behalf. You have various arguments but there are too many technicalities and issues to addresss on a general forum like Avvo. Of course, there is no legal requirement to hire a lawyer, but I can't see a lay person addressing these kinds of legal issues especially the equitable claims.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

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