Friday, February 15, 2008

the two day headache

Patience is not always one of my strongest virtues. I'm doing everything I can right now to stay calm and not act rashly.

Summary of my last two days:
We were supposed to close on our old house yesterday at 4:30pm. On Wednesday we received an update that there might be some problems with the closing because of paperwork that was done erroneously when Jim initially bought the house. In a nutshell, the lawyer drafted the paperwork to sell the husband’s portion of the house to Jim but NOT the wife’s. Technically therefore the wife has owned half of our house for the last seven years.

To make things more complicated, this woman died last week. Her share of our house was then transferred to her heirs, her four children. These adults need to sign paperwork stating that they give up their ownership to us so that we can close and sell the house to our buyer. Should be simple, right?

Except it’s not. These people are “exploring their options” when it comes to their rights of the house. As a result, they did not sign the paperwork, we could not close, and our buyer, who flew in specifically for this closing and flew out again this morning, couldn’t do his half either. When Jim talked to the lawyer who screwed up he said he’d do what he could. When he talked to one of the four children (who we have bought propane from for the last seven years and who attends our previous church!) the guy was very evasive and would not commit to when they were going to have this wrapped up.

They now have to deal with me. I'm not as nice as my husband. They will be notified this morning that if they intend to pursue this gaining from our sale we intend to pursue collection of half the mortgage, interest, taxes, etc. on the property – an amount that’s over $35,000 when the only stand to gain $15,000. Of course I don’t really want to sue anyone. I want them to sign off on this, let us close on the house like a normal transaction and be done with it.

It’s so frustrating that they appear to want to take financial advantage from someone’s honest mistake. It’s totally unethical and disappoints me (again) how lousy some people in this world are.

13 comments:

Megs said...

Like I said yesterday, this is just ridiculous!!!! There really isn't much else to say about that.

Sorry that you had to go through this... esp when you guys waited so long to find a buyer and whatnot. I told you I'd rough 'em up a bit if you just say that word :) (kidding)

Laura said...

That sucks! The nerve of some people...wish I could see their reaction when you tell them you are thinking of suing them for all that money. Maybe they'll change their minds really fast! Good luck!

TreyJ said...

That's pretty lousy. If they decide to exercise their options, I would definitely request they reimburse you for their half of the mortgage, etc. I'm not a fan of suing, but in this case I think it would be justified.

Finlands finest said...

That is positively ridiculous! I cannot believe that those 'children' are trying to financially gain from this. I'd threaten to sue them!!!

Finlands finest said...

The more I think about this the angrier it makes me. Let me know if there is anything I can do, even if it is taking care of Nicole while you go for a ride to calm down/scream/ or whatever!!

hugs and love!

Martha said...

IF needbe, what are the options to go after the lawyer the screwed up? Hey, everyone makes mistakes, but we must all be held accountable to our actions...

I'm with Jen - this makes ME more angry the more I think about it. And more disappointed and distrusting of others.

Viki said...

I assume you have a good lawyer now, but if you need more advice I'm sure Onkel Rich would be able to answer some questions - no one messes with Onkel Rich!

I'm also sorry this is turning out to be such a huge pain the ass for you!

Martha said...

Random questions.
Was the previous couple divorced? Also, did Jim get title insurance (I'm learning about this stuff as I'm trying to buy a condo now) or whatever it's really called.

Karen said...

previous couple was not divorsed but husband was declared "incompetant" due to age. no title insurance or we woudln't be as deep into this mess... :(

i'm losing patience as each minute goes by that this lawyer doesn't call me....

Thanks all for your support!

Mamma Sarah said...

oh hon! sorry to hear of this big time mess. if you need anyone (same offer as jen) to help with niki while you are dealing with just give me a call.

Dale said...

Wow, I didn't think about the whole making them pay half the property taxes scenario. That's pretty good.

If you wanted to take it to the end, technically when Jim paid for the house, he paid for the whole house, not half of it. So that's also not kosher.

LisaMarie said...

OH MY GOD! I was raging while I read this!!!!! What the frick?!?!?!?!?!

These people are horrible and selfish. You are showing great restraint. I would totally have already sent them the papers that I was sueing their ass for half of everything!!!!!!!

If you need to vent, you call me. I'll vent with you! Is that why you called the other day?

Anonymous said...

That's insane!
Don't forget home improvement costs and Jim's work/time on the kitchen.

Dave