Who owns my house?

Who owns my house?

Real Estate Broker · Fort Worth, TX · Member since 2015 · 221 posts · 125 votes

I am new to this group and working on my real estate lic. planning to work in investment real estate.  So I have my own issue that I am hoping someone on here can help me understand. You guys are always talking about how to buy houses with other peoples money.  Well this is what happened to me and if that person doesn't realize you are buying a house with their money and profiting off of them then that is just not right.  Here is my issue:

4 years ago I agreed to "sell" my house to an investor because the market was bad and we could not sell and were wanting to build. He said that he could find a buyer at the max 4 months and they would refinance into their name and I would be free of the house. So I am not sure what we actually did at closing because the mortgage is still in my name. This prevented us from building because our credit report still shows we own the house and we had to rent for 2 years. After 2 years we were able to show that they were making the payments even though it is still in our name so we could buy a house. However, we could not use our VA because it is still being used on the other house. He did "lease to own" the house right away but they have never been able to "refinance". After 4 years the mortgage is still in our name and the investor has made the profit from the lease all of these years and never put a dime in. I actually paid him to take my house. Obviously in hind sight this was very stupid. If I had wanted to lease the house I would have done that myself and made the profit myself! I am now trying to figure out what my rights are and either force it out of my name or see if I can refinance and accelerate the loan with the current mortgage company and get the house back. They claim they hold the deed but again the mortgage is in my name so as I understand it I hold legal title. So what they have is equitable title? So what about the deed? Who actually owns the house and what rights do I have? Since I am just learning all of this when I read about a "land contract" the other day it sparked this and made me wonder what they actually own and try to figure out what I can do about it. It would save me a ton of money if I could refinance my current house using my VA. I can't read the contract right now because I actually left it with an attorney and unfortunately right after that my husband was laid off so we haven't had the money to continue having him look into it. So I was hoping someone on here might understand better what happened and how I can handle it. Also, for learning purposes since I want to work in investment real estate I want to understand how someone "buys" a house without actually "buying it". Thank you.

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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
11y

@Sherry Patterson  Text book case of  why Sub too for the seller can be a very poor decision ... what you did not think through was exactly whats happening to you.. this loan is going against your borrowing ability.. NOw at least this buyers has kept the payments going .. Many times they will default down the line and really leave you in a pinch.

Sub too Is OK for a seller if your credit sucks and your going to walk from the house and don't care about credit or foreclosures.

Your contract should have an end date.  and if they won't voluntarily pay you off or deed it back then you would need to do a judicial foreclosure  ( again if you have an end date.) If there is no end date or no contract IE you just deeded it to them.. then your stuck for the life of the loan or until they quit paying.

SUB TOO has a place but many just do not think through all the what ifs

See this reply in the discussion

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  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    11y

    Sounds like they bought your house subject to the existing mortgage.  They own the house, you own the mortgage.  I would seek  legal counsel.  If your contract states they should have already refinanced you out, they are in breach of contract and you can sue to regain title.  

    If seen this even worse.  The investor never makes a payment.  Good luck @Sherry Patterson.

  • Real Estate Broker · North Richland Hills, TX · Member since 2013 · 1k+ posts · 607 votes
    11y

    You s/b able to check w/ the county tax assessor to see who the legal owner is.    I doubt they would have initiated a land contract, as that's usually something suggested/demanded by a lender, nor a borrower.     Now you just need to determine if they're in breach of any of their contractual obligations, in which case you could involve an attorney to help you out.

  • Attorney · Dayton, OH · Member since 2015 · 32 posts · 24 votes
    11y

    You definitely need to contact an real estate attorney ASAP. If you are unable to get recommendations, contact the local bar association. Almost of all of them have an Attorney Referral Service and they can give you a referral to a local attorney that specializes in that type of law.

  • Rental Property Investor · Dallas · Member since 2012 · 107 posts · 69 votes
    11y

    Looks like it was sold subject to as @Steve Vaughan said. I have attached the deed showing this. Laura Seton is shown as owner on the appraisal website http://www.tad.org/property-data-sheet-residential?keyword=07149964

  • Investor · Daphne, AL · Member since 2014 · 1k+ posts · 242 votes
    11y
    This is very much a legal issue that you need to discuss with your lawyer. Good luck.
  • Investor · Midwest, USA · Member since 2012 · 204 posts · 33 votes
    11y

    Hind sight is always 20/20.  Four years ago he gave you the best deal you could get for your problem property.  I would attempt to work something out with the guy who helped you out of a bind before talking with an attorney.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    11y

    @Sherry Patterson  Text book case of  why Sub too for the seller can be a very poor decision ... what you did not think through was exactly whats happening to you.. this loan is going against your borrowing ability.. NOw at least this buyers has kept the payments going .. Many times they will default down the line and really leave you in a pinch.

    Sub too Is OK for a seller if your credit sucks and your going to walk from the house and don't care about credit or foreclosures.

    Your contract should have an end date.  and if they won't voluntarily pay you off or deed it back then you would need to do a judicial foreclosure  ( again if you have an end date.) If there is no end date or no contract IE you just deeded it to them.. then your stuck for the life of the loan or until they quit paying.

    SUB TOO has a place but many just do not think through all the what ifs

  • Real Estate Broker · Fort Worth, TX · Member since 2015 · 221 posts · 125 votes
    11y

    Thank you for all the info. So weird reading the deed that was posted. As I said I don't have the info, however I thought I had read everything before I gave it to the attorney but I have no idea who all these people are listed. Who "bought" the house was Judy & Ivan Johnson who is listed in the deed as Preferred Housing Solutions LLC. I have never heard of Laura Seton! They make the contract so confusing it's hard to understand what it says. I think we just listened to and took the advise of Judy & Ivan and I guess just did not read through what we were signing. They lied and mislead us and at the time we didn't know better. What I don't understand is why we didn't ask who Laura Seton was? or how we didn't notice it. I also can't tell if it states that Laura Seton paid us $10,000? If that is what it says then that also didn't happen. No one paid us for the deed.

    As soon as I can get the money for the retainer I am having an attorney look into it.  

    Thank you so much!

  • Dawn AnastasiPro Member
    Rental Property Investor · Milwaukee, WI · Member since 2013 · 6k+ posts · 4k+ votes
    11y

    Never sign something without understanding what you are signing.  If you didn't understand the contract you were binding yourself into then you should have hired someone to help you understand it before going forward with the transaction.

  • Rental Property Investor · Dallas · Member since 2012 · 107 posts · 69 votes
    11y
    Originally posted by @Sherry Patterson:

    Thank you for all the info. So weird reading the deed that was posted. As I said I don't have the info, however I thought I had read everything before I gave it to the attorney but I have no idea who all these people are listed. Who "bought" the house was Judy & Ivan Johnson who is listed in the deed as Preferred Housing Solutions LLC. I have never heard of Laura Seton! They make the contract so confusing it's hard to understand what it says. I think we just listened to and took the advise of Judy & Ivan and I guess just did not read through what we were signing. They lied and mislead us and at the time we didn't know better. What I don't understand is why we didn't ask who Laura Seton was? or how we didn't notice it. I also can't tell if it states that Laura Seton paid us $10,000? If that is what it says then that also didn't happen. No one paid us for the deed.

    As soon as I can get the money for the retainer I am having an attorney look into it.  

    Thank you so much!

     It says the consideration was $10.00 (ten dollars) which is standard language in Texas deeds. Also, I found that the maturity date of the note is March 2017.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    11y

    I can't read the doc.s, but what likely happened is:

    You transferred title to Preferred Housing Solutions, subject to your mtg (they have no liability for your mtg)

    Preferred solutions resold the property to Laura Seton, with a down payment and a mortgage to Preferred Solutions.

    When and if Laura Seton ever pays off Preferred Solutions in full, your mortgage should hopefully get paid off.

    Not a good position to be in for you.

  • Rental Property Investor · Dallas · Member since 2012 · 107 posts · 69 votes
    11y

    I don't know why they don't have an option to click to view full size, but if you right click on them and save them or open in new link they will be full size images or just click the links below.

    Deed

    Deed page 2

    Note maturity date

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    11y

    @Matt G. What about the deed from this original poster to Preferred Solitions?  I'm guessing it was a straight sub2 deed, with No date to satisfy OP's underlying mortgage?

  • Rental Property Investor · Dallas · Member since 2012 · 107 posts · 69 votes
    11y
    Originally posted by @Wayne Brooks:

    @Matt G. What about the deed from this original poster to Preferred Solitions?  I'm guessing it was a straight sub2 deed, with No date to satisfy OP's underlying mortgage?

    There is no deed from OP to Preferred. The deed history goes from OP's personal name and husband -> OP's land trust subject to the original Deed of Trust -> OP's land trust conveys directly to Laura Seton with Preferred Housing as noteholder of $143,991, as you can see in the links above titled deed and deed page 2.

    Here is a link to the Deed of Trust document between Laura Seton and Preferred Housing Solutions Click here As mentioned, the maturity date of March 2052 in this document was corrected to March 2017

  • Real Estate Broker · Fort Worth, TX · Member since 2015 · 221 posts · 125 votes
    11y

    This article seems to explain what they did and it seems to ride the line of legal/moral. 
    http://www.creonline.com/beat-the-due-on-sale-clau...
    However, this was not made clear to us and again we were told that the mortgage would be out of our name within 4 months not 4 years.  It is completely our fault for not seeking counsel before signing.  Thank you all again for looking into it. 

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