I lived with a man for over seven years in Florida. Together, we obtained
two investment properties. I want to find out if I have any legal recourse
or future liability due to the actions of my ex-boyfriend. Friend of mine
who have heard my side indicate I should take action as I was taken
advantage of. I have already discovered that Florida does not recognize
common law marriages.
I was in three traffic accidents in less than a year that resulted in a
temporary addiction to various prescription pain medication. While on
these
medications, I was susceptible to being manipulated. My boyfriend decided
to
take advantage of my weakened state and obtain the properties. My ex
stole all of my files so I have very little documentation at this time.
Property #1 - The House
I bought a small house for an investment and paid the down
payment and the cost to get it into shape for rental. For two years I
collected the rent and maintained the property. After my third accident
and
loss of my job, my boyfriend demanded that I add him to the house title
or
move out. I was broke and would be homeless so I agreed. He then directed
the renters not to pay the rent check to my but to him. His name is on the
title but not on the loan papers. I just got my tax statement from the
lender and it is my name only yet he is making the mortgage payments.
1. Is this tax fraud of some kind where he is making the
payments but the deduction is in my name?
2. Be adding his name to the deed should the loan have been
changed?
3. What would happen should he decided not to pay the loan?
Property # 2 - The Duplex
Together, we bought a duplex. I maxed out my credit cards just
to pay the closing costs. For over a year I collected the rent and
maintained the property. A week after he got himself added to the house
title, he offered me cash to take my name off the duplex title. He
threatened me if I did not sign a quit claim deed and when I was on
medication took me to a real estate office where I signed the quit claim
in
obvious duress. My name is still on the loan but not the title.
1. Can I get my name back on the title?
2. Did he commit fraud of some kind?
So I am now living in a small apartment paying more in rent
that
that it would cost me to live in the house that I used to own. I cannot
afford an attorney due to the reduced salary I have had to take in this
economy. And opinions of my legal recourse and current liability would be
appreciated.
I don't know where to begin. You did everything wrong, and the result might
be that you have given away the property while retaining liability on the
loans. I can't tell if that's the result, because I don't know Florida law
and because I am not in a position to ask the questions I would need
answered concerning a partnership between you and the ex, and the
inducements. I could ask the questions, but it would be futile, since I
still wouldn't know Florida law. So what you should do it get appointments
to interview business litigation attorneys. You might have the equity in
the buildings to finance a contingency fee arrangement. Also, tenants have
been paying rent to the ex instead of to you, even though their contract
requires payment to you (I assume). That could be a source of funds for
legal fees. If you use the equity as security for the legal fees and ended
up losing the property and getting out from under the loans, that might be
the best you can do. Bankruptcy is an attractive option too. That would
get you off the hook on the loans, and might force a foreclosure.
McGyver
