My Mother is trying to get the title back on the house she gifted to me a few months ago. I need advice...?

Question

I'll try to make this as clear and brief as possible...

First of all, my mother claims to have Lyme's disease for 8 years now, but it's more likely she has a family illness of Bipolar. Anyway, being sick is the reason she was wanting me to have her house. Long story short, when we moved here she assaulted me, threatened to take her own life and my brothers, as well as my own, but the police only arrested her for the assault. I got an order for protection, so when she got out of jail she was not allowed back in here. The title is in my name and the mortgage is not, but the title company said I have the legal rights to sell the house if I want to. My mother now says she is going to try and get the title back to the house, she is claiming she was not coherent in her decision even though this was discussed for months with me. She said this is what she wanted to her lawyer who did the whole process of switching the title over to me. I have done nothing wrong, I have not coerced the situation (which is what she is now claiming) or anything illegal. I have emails/voicemails of her convincing/coercing me to move with my pregnant girlfriend to take over the house. I need advice.

1) Do I get a chance to fight this in court? or if she wins would I just find out at a later date that the house isn't mine anymore? what is the process?

2) Should I get a lawyer for legal advice?

3) Should I fight this in court if I end up losing the house to her?

Any advice would be so helpful.

Persephone · Answer

You have a legal right to the house.... except that the mortgage company (bank) owns it.... not you. If she stops paying the mortgage, they will take the house from you. You can not sell the house without proving that it is free from encumbrances... meaning there is no money owed on the house which you can't do. What is your intention? That you get to keep the house but your mother keep paying the mortgage? That is your only option other than giving it back to her or waiting for foreclosure. IF you do sell the house, the money from the sale has to go to pay off the mortgage first.... you will get what is left over.

Libraryanna · Answer

Wait until she acts. She would have to prove she was of unsound mind when the transfer was done. Not likely if she had a lawyer and it was over months.

My best advice is to sell the house and give her half the profits.

Mike · Answer

Also, for what it's worth, she has put me into a state of PTSD. I have not been diagnosed but I fit all the symptoms of this disorder after the assault, the death threats and the stalking behaviors she showed.

PoBoy · Answer

Hire a lawyer, immediately.  I'm not an attorney but you could threaten a hearing to declare her incompetent.  As to your questions, Yes, YES, Yes.

Slickterp · Answer

She has to be able to prove she was mentally unfit, which probably isn't possible.  She has virtually no chance to win.

My Mother is trying to get the title back on the house she gifted to me a few months ago. I need advice...?

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