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Another headache by PBFH.. the "marital" home

Started by teakae, Oct 07, 2004, 11:47:55 AM

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teakae

It never ends...

My SO bought a manufactured home 2 and a half years ago and his ex and the kids all moved in together.  Year and a half later, he separated from BM.
At the same time SO was fired from his work because BM came in and made a scene at work. He obtained new work 130 miles away and got his own apartment there. 4 months later, he relocated BM to a nearby location at his expense. (Kids rotated custody).

At the time of separation, BM argued that she is entitled to the house because "they moved in together" But SO told BM had no claim in the house because SO was never married to BM. Also the mortgage was based on his income only and only his name is on the title of the house. BM continued to grumble how she was "attached" to the house.

Now this house, is a Manufactured home, which depreciates a lot in the first couple of years so you  need to keep it for at least 5 years before you can sell it and not lose money. If SO were to sell it now he will be paying about 30 to 40K out of pocket.  So naturally he decided to rent it.

I helped him find renters and it was rented out in April 2004 to a couple with 3 kids (perfect for a 4bedroom house). But at end of June, the renters told us they were going to leave because they can't take the harrassment from the neighbors. (lease wasn't an issue because it was month to month)

According to the renters, the neighbors told them they had been in close contact with BM and said the renters didn't deserve to live there if they weren't paying rent to the BM. The neigbors also told the renters that they were going to make sure that no renters of SO can't live there because it belongs to BM. The neigbors called DCF, houseing code enforcement, animal control, and the sheriff on the renters numerous times for one allegation or another (I don't know if they were substantiated). They also yelled profanities and stared across the fence when the renters went in and out of the house. Renters said their kids are afraid to play in the fenced yard because of the scary man. They also said that the neigbor across the street also came over to tell them to "get out of the house". Later they found their little dog missing and some weeks later, they saw the neigbor from across the street walking it.
Basically the renters told us that they loved the house and liked the location because it was really close to their parents house but they can't live like prisoners in their own home. Things were so bad that they fully expected the house to be burnt down when they got home. The husband told us "I am usually a peaceful guy, but last week, I felt so angry I wanted to go kill the neighbors. I knew then we had to leave".  They were afraid to file charges with the sheriff because their parents live in the same neighborhood and will get the same treatment.  Finally, renters told us that "you guys better be careful in this neighborhood because they all hate you more than they hate us.."

So!! now the house is unrentable (neighbors discouraged prospective renters) and is going to foreclose soon. Unfortunately, again, there is nothing we can do legally against BM or the neighbors for their actions.

We just think that we would gladly give the house to BM since she wants it so much. She doesn't realise that it is nothing but a cash cow. No equity and no resale value!! And god knows what lies she has told the neighbors! Its just too bad that the neighbors were a bunch of trash doing such harrassment. Its low, real low. But thats what life is having BM in our lives...

It never ends...

Kitty C.

But she would have to BUY it from him, wouldn't she????   She may think that he can just 'give' it to her, but legally (unless he wanted to 'gift' it to her), she would have to buy it to get it.

If it's that bad for the renters, I'd be asking her what she's willing to pay for it, if she wants it that bad.  Get it appraised, so that you can prove to her that you aren't trying to screw her over on the price.  Then you think she's got the credit to get a loan on it?  I highly doubt it.............

Let her go thru the motions of trying to get it............LEGALLY.  Then when she comes to the proverbial brick wall, I bet you have a DAMN hard time NOT telling her 'I told you so!'  Then you get a civil order against her for any penalties you're forced to pay to go thru all this BS.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

Stepmomnow

If I were you I would talk to an attorney about suing the neighbors for harassment and ask for the fair market rental value of the house as damages.  If the renters put in writing the reasons they were leaving, or if they would be willing to testify, you could shut the neighbors up pretty quickly.  Also, contact your city counsel to see if there are any rent control boards or if the district attorney may want to get involved.

What they are doing is illegal.

Stepmomnow

Rent the place to about 5 very young college type boys who will party until 5 in the morning and make sure the neighbors hear every minute of it.  You would have to get a big deposit to cover the damage, but it may be worth it.

MYSONSDAD

If they were never married, BM never on title work, the most she can get is appreciation amount for the time she lived there. They will probably take original cost and a recent appraisal to establish any money owed her, if any.

Appreciation value is the key here.

Who made the payments?

Check your State on Homestead rights.

Be damned sweet if she had to pay him for depreciation! lol

"Children learn what they live"

nosonew

I would certainly do that if it were me! That is great! LOL

teakae

Thanks for your replies!

BM didn't have work during most of the time they were in the house. So all payments were made by SO. Even if BM wanted to qualify for a new loan on the house, she makes minimum wage and is barely employed most of the time so it is unlikely she can get qualified.

I am sure BM is thinking she should get to live in the house for free in return of the "pain and suffering" SO put her through this last two years... ugggh!

I love the college kids idea. Too bad about the college kids. Its in a rural area, no colleges around.  I am sure neighbors will call 911 and the kids will get carted off right away. I was thinking maybe we can loan the place to religious organization or something. Something that requires outdoor praying and chanting couple times a day... lol

The renters are really afraid of the neighbors and they haven't even filed a report on the harassment nor the dog stealing. I really doubt they will testify to anything. The renters thought the situation was bad enough they moved in with their parents just to get a way as soon as possible. Now that shows how bad they felt! I called the local police department to file these incidents but they wouldn't take it because it was hear say.

Some time before the renters moved out, the BM calls SO at 11pm at night. She said that a neighbor had called her saying that the renters are wrecking havoc in the neighborhood, their vicious dog is loose and people have to carry a bat just to go down the street because they are afraid of the dog, the renters let their kids run around in the street and leave them alone and they are causing all sorts of trouble, they had a pile of junk in their back yard which was asthetically unpleasant etc. BM says that she doesn't appreciate being woken up late at night (she goes to work at 5am) for something he should have taken care of long ago and that she has no interest in hearing about these things and that SO better get on the phone and deal with these complaints so that she will not be bothered by this again. SO asked her who the neigbor was so he can make sure they got his number instead of her number. (We sent all surrounding neighbors a letter before renting the place out to notify them that it will be rented, the contact information should they have any concerns, and thanked them for being good neighbors). BM said that was none of his business and it was confidential. She continued to say how if SO can't control the renters he doesn't deserve to have the house etc so SO finally hung up on her.

Another time, when the kids came for a visit, they told SO that they had gone over to thier old  neighborhood and visited with one of the neighbors and spent the night. They quoted verbatim some of the things they were saying about SO and the house like "BM deserves the house after all SO put her through" and "Renters better get out of their or they will regret it" etc. Apparently they tried to get the kids to agree with them on these points.

Our family lawyer said there was nothing they could do legally for this situation.. Ughhh...

What I always wonder is why are people not held accountable for debts incurred during amarriage? You hear of how the equity of a house get divided in a divorce but never about the liablity. If you are married, you should be equally liable for debts as well as assets don't you think?


MYSONSDAD

'What I always wonder is why are people not held accountable for debts incurred during amarriage? You hear of how the equity of a house get divided in a divorce but never about the liablity. If you are married, you should be equally liable for debts as well as assets don't you think?'

Just shows the 'justice' we  have to deal with...

"Children learn what they live"

StPaulieGirl

I let the local law enforcement know I was planning to sue for harassment, and before I knew it....pbfh across the street, moved!  Of course Torrance PD practically invented "Driving While Black", so they've had their butts sued numerous times.  Btw, I'm not black, but I'm low income.....living in the house that my dad bought in the mid fifties.

Attorneys are hyenas.....

msme

My son bought a manufactured home while married. They put it his name because she had no work or credit history. At the first hearing the bimbo judge gave her the home & the debt. Also the car & it's debt. My son had to pay her more than enough to cover it, every month. She bragged about how she was going to ruin his perfect credit. She never made another payment on either one.

In the end, everything was repoed & brought a fraction of the debt at auction because she had trashed both. She thought this was great. Well, my son used the order to prove that the repo's weren't his & has since bought a large parcel of land & a new 2300 sq. ft. double wide, also a late model car. The things showed up on his credit but when he produced the court order, they said, No problem."

Of course, now she tells everyone that the only reason he got all these things is because he is dealing drugs. LOL

Anyway, maybe you can give it to her along with the remaining debt. Just write off the loss & get on with your life. As long as she accepts the responsibility, you will be in the clear.

Good luck & God bless.

You never get a second chance to make a first impression!