Posted by BetsyMI on 9/7/06 9:10am
Msg #144071

Opinions please

My nephew recently got a divorce. His ex sold "their home" after the divorce and said she barely got $400 in proceeds out of it, so of course my nephew got zilch. We have no proof of how much she really got at closing.

My nephew was not present at the closing. He was never asked to sign any forms. I'm wondering how in the heck she sold the house without his signature or presence, since they did buy the house together.

She's a Loan Officer so she knows this business very well. Apparently she took quite a bit of equity out of the house in the last few months before the sale. She also somehow got ahold of his retirement accounts and got all of that money, although it wasn't much.

Nephew feels guilty about things that happened during the marriage and doesn't want to make waves because of the two small kids, and has let her have everything. At 36, he's "starting over".

Again, any idea how she could have had a closing without him being present to sign anything, even a QCD? We're all treating this delicately since she could withhold the kids from us if we bring up anything nasty.

Reply by Charm_AL on 9/7/06 9:14am
Msg #144072

wow...I have no idea how she arranged to be the only signer, other than that she got a POA.
It doesn't sound like he did a QCD, did he?

Reply by BetsyMI on 9/7/06 9:16am
Msg #144074

No, no QCD signed by him. Can't figure out how she did it.

Reply by Diga2Lin/FL on 9/7/06 9:17am
Msg #144076

You said she sold it AFTER the divorce - so she got the house in the divorce settlement?

Reply by Diga2Lin/FL on 9/7/06 9:16am
Msg #144075

IMO this is a question for an attorney...the way you describe the situation it sounds like he represented himself?

Reply by JO_PA on 9/7/06 9:18am
Msg #144077

Is there any way to check with the county and see if there was a QCD filed? Also to see if the deed was filed with a POA? Just checking to wee how the paperwork was signed shouldn't cause any "waves". She would never know.

Reply by cassiewi on 9/7/06 9:19am
Msg #144078

The only thing I can think of is that in the final judgment, she got the house, and maybe he signed a QCD at the time, which would be why she would be able to sell without his sig. Unless there was some shystiness going on. I'd go look at the recordings for the property, but that's me, not legal advice. I was put in an awkward situation somewhat similiar to this the other day and I didn't end up going to the appt. Definitely sounds like he should call an attorney.

Reply by Joan_OH on 9/7/06 9:19am
Msg #144079

I would look up documents online if you can - Warranty Deeds, Quit Claim Deeds, Mortgages. It should be very apparent who signed the docs. He may have signed a deed over during the divorce proceedings and not have even realized it. He may have, at one time, given her power of attorney. Who knows?

He may be better off to be done with it whether it be $400 or $4000 or $40,000. If he's divorced, she can't get anything else and he may want to preserve his relationship with the kids. He may just want to let it go so he can truly "start over".

Just my opinion.

Joan-OH

Reply by Charm_AL on 9/7/06 9:25am
Msg #144085

Re: Opinions please - also

you wrote

She's a Loan Officer so she knows this business very well. Apparently she took quite a bit of equity out of the house in the last few months before the sale. She also somehow got ahold of his retirement accounts and got all of that money, although it wasn't much.

Sounds like a law suit in the making. He needs an attorney, she cannot legally hold back visitation under any circumstance and should be liable for what she illegally done. Heck, if this is all true, he could wind up as their physical custodian.

Reply by BetsyMI on 9/7/06 9:40am
Msg #144092

Re: Opinions please - also

You're right, he may have signed a QCD when the divorce became final without even knowing what it was. She's quite the dealer so who knows what she had him sign. His guilt made him want to give her anything she asked for. It's my sister and I who are trying to figure out what happened now, after the fact.

Thanks for all your opinions.

Reply by Stamper_WI on 9/7/06 9:48am
Msg #144096

Re: Opinions please - also

Perhaps marriage liabilities were settled out of the HUD at closing. Joint debt etc.

Reply by Julie/MI on 9/7/06 10:08am
Msg #144106

Not opinion, just the Michigan procedure

Betsy,

In Michigan circuit court, where divorce decrees are executed, there is a provision in most of them that says whom is awarded the real estate. Most often, divorces create bad feelings and some stubborn spouses will not sign a quit claim deed. In lieu of a qcd, a certified copy of the judgement of divorce is recorded in the county where the real estate is located. If this was done, the chain of title would reflect that your nephew was no longer on title and then your ex niece in law would sign a warranty deed at closing. This is how we did it in-house at the title company I worked for and how they came over my desk when I was a county recorded. If you want to know how much she sold the property for, this IS public information and you may have to go in person to look up the warranty deed which shows the purchase price. Sometimes you can file a valuation affidavit which bars the sales price, but most people are too ingnorant to to this.

Reply by Becca_FL on 9/7/06 10:22am
Msg #144112

I don't know MI law and I am not an atty., but you say "ex sold "their home" after the divorce..." and he did not sign a QCD. Did the ex-wife have a divorce decree recorded in the public record showing that the home was awarded to her?

Reply by Becca_FL on 9/7/06 10:23am
Msg #144113

Also Betsy

Check the public records for the "chain of title." You can also find out what the ex sold the home for.

Reply by NCLisa on 9/7/06 11:35am
Msg #144150

Go the Register of Deeds office and see what documents were recorded at the sale of the property. Check the tax office, they should have the amount listed that the property was sold at. If she forged something, there is your proof, or she had a friend at an attorney or TC office that did something not so kosher.

Reply by TitleGalCA on 9/7/06 9:06pm
Msg #144315

Re: Opinions please - Betsy

Betsy, Becca made a good points....did the court award her ownership? If so then then the scenario you described could have been legal.

Check the public records and get a copy of the grant deed. Look for the documentary transfer tax. In most counties it is $1.10 per thousand. Take the transfer tax and divide it by $1.10 and you'll get the sales price. Deduct the loan balance and you'll know what she netted on the sale.

Last but not least check to see what title company recorded the document. Look in the upper left hand corner of the deed...above the part that says "when recorded mail to". If it was an insured sale, for value, then you know the title company had to meet underwriting requirements to avoid a future claim from your nephew, and most likely was a legal transaction.

If the grant deed has no TC stamp or name on it? Have your nephew contact a real estate attorney.