Determination of ownership of a house

Lauren, the detail that will decide this is whether your mother's down payment was a gift, a loan, or an investment in the house, because a deed alone does not answer that question. If the money came with a gift letter for the mortgage (lenders require one that says nothing has to be repaid), that letter can work against a repayment claim. If instead there is a text, email, note or bank transfer memo saying it was a loan, or an agreement that she would be on the title, that paper is her best evidence. So start collecting the closing documents or settlement statement, bank records showing her transfer, any messages with her sister, and every deed on the property. Second, find out how she came off the deed. The Passaic County Clerk records deeds, and copies are usually available online or at the office. A deed she signed willingly is very different from one she did not sign. Sometimes a person is taken off the title only so the other buyer can qualify for the mortgage, which is more common than people think, and if that happened it supports an argument that there was an understanding about her share. Be realistic about options. A friendly request often fails after a long family dispute, so ask a New Jersey real estate attorney whether she has a claim for repayment or an ownership interest, and how long she has to bring it. Mediation is often cheaper than court between relatives. I am a real estate professional, not an attorney, and I cannot tell you who owns the house. I work in the Palos Verdes and South Bay area of Los Angeles, so for New Jersey I would connect you with a strong local agent if a sale ever becomes part of the plan. This is Zoltan Peresztegi, and I hope your mother gets a fair resolution. Zoltan

If your mother was previously listed on the deed to the house and her sister is now refusing to put her back on the deed or compensate her for the down payment, your mother may have legal rights to the property or a claim to recover her financial contribution, depending on how the ownership was changed and the circumstances surrounding the purchase. The first step is to obtain copies of the original deed, the current deed, and any documents showing how the property was transferred. If your mother was removed without her consent or her signature was forged, she should speak with a real estate or property litigation attorney as soon as possible. If she voluntarily signed away her ownership, she may still have a claim depending on any agreements or payments made. She should also gather proof of her down payment, mortgage payments, and other contributions. What state is the house located in, and did your mother sign any paperwork agreeing to be removed from the deed? Those two details can make a significant difference in determining her options.

I’m sorry your mom is dealing with this situation. If she was previously on the deed, there may be options available depending on how ownership was transferred and what the legal documents say. I would recommend speaking with a real estate attorney to review the situation and determine whether she may have a legal claim to the property or any equity. I’d be happy to help point you in the right direction as a resource!

I am not sure I understand your question Lauren, but if your mother was removed from the deed unlawfully, I would suggest speaking with a real estate attorney. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States

When your mother had herself removed, or actually "deeded" it to a different owner(s), she may have surrendered her ownership rights. In that case, she would also have surrendered all ownership rights, including any equity. Getting all associated paperwork together and meeting with a real estate attorney will help.

What your mom can do here depends a lot on how she came off the deed, Lauren, and I'm sorry she's having to sort this out with her own sister. Did she sign her share over at some point, or is she not sure how it happened? Those are very different situations. Either way, she should start collecting paper now. The county office that records deeds for Passaic can give her copies of every deed on the house. Bank records showing what she put toward the down payment matter too, and so do any texts or emails where her sister mentioned it. Then she should take all of it to a New Jersey real estate attorney, sooner rather than later. Because I'm a California-licensed agent, anything specific to New Jersey should be confirmed there, by the attorney on the legal side and a local agent if the house is ever sold. Alla Novytska, Realtor®, JohnHart Real Estate, DRE #02254775

Start by obtaining the current recorded deed and any prior deed showing how your mother's ownership changed. Her sister's refusal alone does not determine your mother's rights, and contributing a down payment does not automatically establish ownership. Your mother should bring those records, proof of payment, and any agreements to a New Jersey real estate attorney to determine whether she has an ownership interest or a claim for repayment.