My question involves real estate located in the State of: TEXAS
My mother has deceased, she purchased property in Texas, which is now in dispute as we go through the probate process. She purchased the property with a gentleman with whom she had been in a relationship with for about 20 years.
Under the promise of marriage, he persuaded my Mom to sell her home in New York at well under market value to his daughter. This he did while persuading her to pay off the mortgage on the home they purchased together in Texas. The deeds state an unmarried man, and an unmarried woman, they are tenants in common. They have sued the estate for partition sale, they want 50%. We had never been in favor of this relationship, but since my Mom was a grown woman we kept a respectful distance and hoped for the best. Shortly after their moving into the home in Texas, the man began taking extended leaves of absence, at one time for a whole year. On his return, we confronted him concerning his actions.
We found out that he had never divorced his legal wife and had in fact reconciled with her. He paid down 30% of the property price, and when my Mom's home sale went thru she paid off the mortgage by paying off the 70% remaining balance. He abandoned the property, returned to his wife over 12 years ago. My mother has maintained the home, paid all the taxes even when he was supposedly here and made all the improvements. We were never able to reconcile the matter amicably. We knew it would be an issue on her death, which is where we are now.
My question is this......we have since found out that within 2 weeks of purchasing the property with my Mom, he brought a property in another state with another woman, not his wife. Since mortgages were obtained on both properties, and neither of them were deemed investment properties but primary residences. Is there not sufficient evidence to show that the man acted fraudulently, and can not this also be shown in addition to the unequal distribution of investment, to show that if nothing else, there was deceit and fraud exercised not only to my Mom, to the other woman, but also to the Mortgage Company? In retrospect, we are now seeing that the whole deal in getting Mom to get rid of her house to his daughter, was probably his way of ditching my Mom anyway, then lying to her about the marriage for long enough for her to pay off the mortgage, knowing that he could never marry my Mom because he was already married to someone else. Since he defrauded my Mom, into the purchase of the home, is there not a way that we can challenge his claim to 50% of the value of the property, can't the Estate sue for fraud, and invalidate his claim?. He lied to obtain a mortgage, We know where the other woman is, she is probably in the same position as my Mom. This man abandoned both my Mom, and the other woman, when he found out that his legal wife came into a large sum of money. Even though a person has passed on, the estate is an issue for the heirs, can justice not be served even for those who have gone on to the grave?- especially when there is clear evidence of defraud and deceit?
My mother has deceased, she purchased property in Texas, which is now in dispute as we go through the probate process. She purchased the property with a gentleman with whom she had been in a relationship with for about 20 years.
Under the promise of marriage, he persuaded my Mom to sell her home in New York at well under market value to his daughter. This he did while persuading her to pay off the mortgage on the home they purchased together in Texas. The deeds state an unmarried man, and an unmarried woman, they are tenants in common. They have sued the estate for partition sale, they want 50%. We had never been in favor of this relationship, but since my Mom was a grown woman we kept a respectful distance and hoped for the best. Shortly after their moving into the home in Texas, the man began taking extended leaves of absence, at one time for a whole year. On his return, we confronted him concerning his actions.
We found out that he had never divorced his legal wife and had in fact reconciled with her. He paid down 30% of the property price, and when my Mom's home sale went thru she paid off the mortgage by paying off the 70% remaining balance. He abandoned the property, returned to his wife over 12 years ago. My mother has maintained the home, paid all the taxes even when he was supposedly here and made all the improvements. We were never able to reconcile the matter amicably. We knew it would be an issue on her death, which is where we are now.
My question is this......we have since found out that within 2 weeks of purchasing the property with my Mom, he brought a property in another state with another woman, not his wife. Since mortgages were obtained on both properties, and neither of them were deemed investment properties but primary residences. Is there not sufficient evidence to show that the man acted fraudulently, and can not this also be shown in addition to the unequal distribution of investment, to show that if nothing else, there was deceit and fraud exercised not only to my Mom, to the other woman, but also to the Mortgage Company? In retrospect, we are now seeing that the whole deal in getting Mom to get rid of her house to his daughter, was probably his way of ditching my Mom anyway, then lying to her about the marriage for long enough for her to pay off the mortgage, knowing that he could never marry my Mom because he was already married to someone else. Since he defrauded my Mom, into the purchase of the home, is there not a way that we can challenge his claim to 50% of the value of the property, can't the Estate sue for fraud, and invalidate his claim?. He lied to obtain a mortgage, We know where the other woman is, she is probably in the same position as my Mom. This man abandoned both my Mom, and the other woman, when he found out that his legal wife came into a large sum of money. Even though a person has passed on, the estate is an issue for the heirs, can justice not be served even for those who have gone on to the grave?- especially when there is clear evidence of defraud and deceit?
Property Deeds and Potential Mortgage Fraud
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