Sunday, February 19, 2012

Checking In

The lawsuit against my Mom is in the hands of my attorney brother. I am holding off my attack to see what happens. I don't want to upset the apple cart if my brother can take care of it with a phone call. Just a couple notes. Mom's age is in the court papers so the attorney did know her age. Even if he didn't it would taken him less then a minute to Google search Mom to find her age. And since this involves issues from over thirty years ago you would think that a half way intelligent attorney would have searched the age of the people involved. Of course he could have found the age just by looking in documents he already had.

Here is the crux of the lawsuit. Mom, Dad, B, & B owned a rental property for a few years. They sold the property on contract. Three times actually. Each time they would sell the property within a year a two the person they sold it to would throw up their hands, quit paying the contract, and give the property back to Mom, Dad, B, & D. The property was not in the best of areas. Our family was good landlords, getting every elderly tenant on HUD and keeping the place pristine. The tenants loved them. Whenever we sold it, the tenants would basically treat the new owners like crap. They wanted M & D back. In 1986 we sold the property to G. C. He honored the contract and paid it off in about 1986. Then he let the property go. He didn't pay his property tax and as of today there are six years of unpaid property taxes. The county was going to foreclose on the property last year. Since Mom had once had an interest in the property she was notified by the county and asked if she wanted to buy the property for the property tax. The property was in terrible shape. There were no tenants. All the windows had been shot out. The roof was leaking. The yard had become a jungle. It would have cost a fortune to get the property in rental shape. Even though we could have bought the property for the property taxes after the cost of the improvements the purchase price of the property would have been more than it was worth. Enter a trust in November that wanted to buy the property and fix it up. The trust tracked down all the previous owners and sought out clear title. They gave Mom & B a nice sum of money to sign off the title. As part of that transaction they gave M & B hold harmless agreements. Also as part of that process they sent several notifications to G. C. He ignored all notifications. So the trust sued him for clear title. Then G.C. countersued the trust and named as third party defendants anyone and everyone that ever had any interest in the property (ten third party defendants) claiming he was illegally kicked off of the title.

Basically he won't win the lawsuit and the only ones that will benefit are the attorneys. Mom and B had nothing to do with kicking him off the title. And all G.C. had to do was to answer any of his numerous previous notifications. Personally I think his attorney is a shister and took the case to make money at the expense of an elderly man which G.C. is.

That is it in a nutshell.

On to today. Going to Mom's today to either take her out to lunch or fix her lunch depending on how she feels. I am hoping she is good enough to get out.

My check-in for last week. Five days of work. Thursday night and Saturday at Mom's. Work is going well but there are so many returns pending information before I can finish them that it is driving me nuts. I also slowed down a little from last week. I came to the conclusion on Friday that I am thinking to much and I just need to trust my instincts. With the experience I have it is easy to get sidetracked on issues thinking there may be a better way to do the return and it usually ends up the return is right to begin with. So I have decided over thinking is dangerous.

Next week. Five days of work. Today, Tuesday night, and Saturday at Mom's. Plus I need to work on some personal work projects in the evening.

That is my life right now. Tell me about your life. This is your day on the blog. Post anything you damn well please and then go out and enjoy the day!!


The blog schedule this week, Monday, Tuesday, Wednesday, & Saturday.


Pat said...

Wait! There's an actual LAWSUIT against your mom? What a story! I hope your bro can get her clear of it with a phone call.

I would think if she and others sold the property back in '86, there would have been nothing to sign off on for the trust that wanted title. Maybe they were just being extra cautious, but their paying money and the hold harmless agreements are probably just confusing the issue that should have been settled for good in '86. Was G.C. the last owner of the property, before foreclosure? Seems he should be the only one concerned here. Well, he and the County for their unpaid property taxes.

But that's me trying to understand legal things, when I've been wallowing in rules for trusts and trying to get my inheritance from my mom transferred to my name. That's simple, right, with me being the only daughter and only beneficiary? But no, not simple at all. It has been a HUGE pain in the patootie so far.

Do keep us posted on the lawsuit, I'd like to know if I had a handle on understanding it. {g}

Lady DR said...

Here's hoping Bro can get the lawsuit issued handled speedily and, maybe, teach the suing att'y a thing or two. I hate to be a cynic, but I suspect most lawyers could care less about the age or health of anyone involved in a lawsuit, so long as they get their fees. I'm not even sure most of them care about the outcome. From what I read, your mom was free and clear of any obligation, once GC paid off the contract and she declined the opportunity to purchase it. Apparently, the trust didn't trust GC, who appeared on the deed. Interesting said trust felt they had to pay Mom and B any amount, since GC should have had clear title. However, he lost said title, due to non-payment of taxes, which, I would think, gave the county/state/whatever agency title to the property. I don't understand how the title could have in any way reverted to any of the previous owners. Ten, you say? That's nuts. Major hassle for everyone involved and, you're right, the only ones who are going to benefit are the lawyers. Sigh.

Hope Mom was up to lunch out. You had a full week and another one coming up. I hear you on the over-thinking. I sometimes do that with editorial projects and it's not always a good idea. I'm lucky to be able to build in some "simmer time," where I walk away for a day, which helps clarify if I'm making the project more difficult or complicated than need be.

A routine week (I always appreciate those), with editorial, pool, line dance ( part spent rehearsing for a show at the Irish Festival next month), massage. Training time with Scamp, when weather permitted. She's doing pretty well. A very short session of range shooting, using my gun with real bullets, to see how well I was becoming familiar with it. (Himself says good, I want better.) Great progress on clearing out paperwork clutter and nagging issues (Happiness project) and some organizing in general. Completed final pass on grant application and will turn it it tomorrow and let the chips fall where they may.

Next week is routine stuff, see the chiro, think we'll attend the RV show, mostly to see if we can sell the current (too big) RV and take a look at smaller offerings, although I don't see a new/different RV in the current budget, but it's always fun to look and drool.

William J. said...

Hi Pat

In Oreegon people stay on the deed unless there is a legal document to take them off of it. That usually happens when the property goes through escrow. All the sales of this property were private sales and the proper legal documents weren't filed. So everyone that had anything to do with the property is still on the deed. Except for Mom & Bernice who gave up their rights in Novemeber for cash and signed the proper document removing them from the title.

I will let you know what is going on.


William J. said...


Will know by the end of the weeks what Bro was able to do. It is handy to have an attorney in the family. I think the best professionals are the ones that are caring and wouldn't treat an elderly that way. I'm sure some of them exist. The county is foreclosing on the property or was and going to sell it at an auction if any of the previous owners didn't want title to it.

My niece visited Mom in the morning so Mom was to tired to go out but we had a nice lunch in and fixed dinner together. I also will walk a way from a project for a day or two and that often helps.

Sometimes the routine weeks are the best. I hope to have one soon. Always love the pool time and line dancing. Glad Scamp is doing well. Clearing the paperwork clutter will make life easier for you.

I hope the Chiro helps, he seems to be since last week you reported in standing for a long time and not having hip pain.