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But I thought It Was My House !

By
Real Estate Broker/Owner with HomeRome Realty 410-530-2400 311291

But I thought it was my house!

Agents, make sure you know what you are selling. Are the names correct? Who is on the title? Have you checked the tax ID? Have you checked the deed? Is the estate in a trust? Is there one or more trustees? Do you have documentation of who legally can sign? Do you have their power of attorney or letter of administration? Has anything changed since someone created those documents? A death, a divorce, or someone added or removed? Are there siblings or children from previous relationships? What, if any, are they entitled to? 

A while ago, I was called to list a home—not one she wanted to sell! She and her late husband purchased their forever home twenty-five years ago. They were so proud that it was paid for without mortgage or debt. They wanted that security for each other in case one went before the other. The widow devastated after his death, was contacted by a stepdaughter and wanted the house sold. How could she?? The entire family was aware this home was for their retirement.

They had planned for their daughter to inherit their home, but after they passed away, believing there was a strong relationship and complete trust in her.

The owner did not want to sell or move, so she secured her place by striking a deal with her stepdaughter and obtaining a mortgage on her fully-owned home. As a result, she found herself making mortgage payments on a property she had intended to be debt-free forever.

This is a reminder to make sure you get legal advice.

Thinking of Selling a Home

Call Margaret Rome

Posted by

Margaret Rome
HomeRome Realty
Broker/Owner/Realtor®

Baltimore, Maryland


Sell Your Home With Margaret Rome

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George Souto
George Souto NMLS #65149 - Middletown, CT
Your Connecticut Mortgage Expert

Margaret people think that this can't happen to them, and then SURPRISE it does.

Sep 20, 2024 04:39 PM
Margaret Rome Baltimore 410-530-2400

George Souto, Until it happens to them.

Sep 27, 2024 07:02 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

In California we receive a preliminary report from the title company a few days after opening escrow.  They sometimes can reveal surprises.

Sep 20, 2024 05:06 PM
Margaret Rome Baltimore 410-530-2400

Myrl Jeffcoat 

It was too late for this homeowner because she was not planning to sell this house.

Sep 27, 2024 07:05 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

CONGRATULATIONS Margaret, on having this blog FEATURED in the Old Farts Clubgroup!  

Sep 20, 2024 05:06 PM
Kathy Streib
Cypress, TX
Home Stager/Redesign

HI Margaret- this is sad. I can only hope that what goes around comes around. 

Sep 20, 2024 06:51 PM
Margaret Rome Baltimore 410-530-2400

Kathy Streib 

The owner had done everything requested. to keep harmony in the family

Sep 27, 2024 07:10 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Margaret,

How did I miss this post? I'm glad that Carol Williams featured it. It burns me when I read stories like this! Its so sad to see someone taken advantage of when just seeking legal counsel would have given her the right perspective of what to do.

Sep 21, 2024 05:04 AM
Margaret Rome Baltimore 410-530-2400

Dorie Dillard Austin TX

As RE professionals, we need to be aware of when legal counsel is required.

Sep 27, 2024 07:16 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Hi Margaret:

Such a sad story but one that illustrates so well the need to check all available records and verify information. Making assumptions can be dangerous and costly!

Jeff

Sep 21, 2024 01:02 PM
Margaret Rome Baltimore 410-530-2400

Jeff Dowler, CRS 

So sad. But I think the stepdaughter was the advisor!

Sep 27, 2024 07:19 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Hi, Margaret

   My first Broker taught me to get a "pre-search" done by a Title company whenever I take a listing.   A couple of title attorneys in Tallahassee have obliged me over the years, no charge for running that search.   

  On several occasions, Title problems have appeared.  I don't recall anything as heartbreaking as the story you describe here, but there have been times when something needed to be cleared up.  A mechanic's lien from years ago, an improperly executed Deed or conveyance, etc.  

    It is far better to find out "up front", and take care of it before the property is put on the market.  Going under contract with a Buyer, and then learning that there is a cloud on title... no, thank you!

Sep 21, 2024 05:40 PM
Margaret Rome Baltimore 410-530-2400

Fred Griffin Florida Real Estate

Your first broker taught you well. I was called in only after the stepdaughter forced the sale in this situation..

Sep 30, 2024 03:20 PM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Sep 21, 2024 06:39 PM
Dr. Paula McDonald
Beam & Branch Realty - Granbury, TX
Granbury, TX 936-203-0279

I just hate hearing these stories. Makes my stomach hurt! People are so greedy!

Sep 21, 2024 06:54 PM
Elyse Berman, PA
LoKation Real Estate - Boca Raton, FL
Boca Raton FL (561) 716-7824

Margaret Rome Baltimore 410-530-2400 We hear stories like this all the time.  I like Ed's suggestion, too.  

Sep 22, 2024 03:19 AM
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC
Margaret I get the crazy clients and you get the litigious ones. Happy first day of fall
Sep 22, 2024 03:55 AM
Margaret Rome Baltimore 410-530-2400

Lise Howe  Don't speak so fast; I get my share of "whackados" also.

Sep 27, 2024 07:53 AM
Dorte Engel
RE/MAX Leading Edge - Bowie, MD
ABC - Annapolis, Bowie, Crofton & rest of Maryland

Dear Margaret,

Very sage advice. It is amazing, how some families treat each other, especially during sad times. Unfortunately, we see the incredibly happy and the very sad as well.

Sep 22, 2024 08:26 AM
Margaret Rome Baltimore 410-530-2400

Dorte Engel 

Yes, what we do is a bit more complicated than just selling sticks and bricks

Sep 27, 2024 07:51 AM
Nick Vandekar, 610-203-4543
Realty ONE Group Advocates 484-237-2055 - Downingtown, PA
Selling the Main Line & Chester County

What a sad story. Makes us all aware that we need wills that spell out what is to happen and not leave it up to others to do what we want, giving them room to suit themselves.

Sep 23, 2024 07:59 AM
Margaret Rome Baltimore 410-530-2400

Nick Vandekar, 610-203-4543

  We all know this, but we need to make sure that our intentions are spelled out legally.

Sep 27, 2024 07:50 AM
Peter Mohylsky, Beach Broker
PMI. Destin - Miramar Beach, FL
Call me at 850-517-7098

More than legal advice is needed.  folks need to plan for all eventuality.  No good deed is ever fully rewarded.

Sep 23, 2024 10:16 AM
Margaret Rome Baltimore 410-530-2400

Peter Mohylsky, Beach Broker 

I have often heard "no good deed goes unpunished."

Sep 27, 2024 07:47 AM
Jan Green - Scottsdale, AZ
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

That is so sad!  Having to make payments in retirement isn't good for the seller.  She lost her husband and is now in debt.  So sad!

Sep 23, 2024 02:47 PM
Margaret Rome Baltimore 410-530-2400

Jan Green - Scottsdale, AZ 

Yes, exactly!

Sep 27, 2024 07:46 AM
Hannah Williams
HomeStarr Realty - Philadelphia, PA
Expertise NE Philadelphia & Bucks 215-820-3376

Margaret Rome Baltimore 410-530-2400  Great story; these things happen more than people realize. Especially when seniors do not marry and live together so they do not lose their social security

Sep 23, 2024 07:35 PM
Margaret Rome Baltimore 410-530-2400

Hannah Williams I agree. These situations happen more than we realize. 

Sep 27, 2024 07:45 AM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher
Thank you for this piece. This is very much, not known by many..
Sep 23, 2024 10:47 PM
Leanne Smith
Dirt Road Real Estate - Golden Valley, AZ
The Grit and Gratitude Agent

How sad that there are nefarious people in this world where money is their ultimate motivation over family.  Your advice is right on.

Sep 24, 2024 08:09 AM
Margaret Rome Baltimore 410-530-2400

Leanne Smith The only good coming out of this situation is to educate and take care of these situations before it's too late.

Sep 27, 2024 07:44 AM
Leanne Smith

That is true and if real estate agents did a better job of educating and associations did a better job of creating accurate forms, we would not have had the recent lawsuits and if so, those lawsuits would not be successful.

Sep 27, 2024 08:10 AM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

It is standard for our Team to open a pre-sale escrow account with our preferred title company and get a preliminary title report to show vesting of the property and any liens. If the vesting showed the property to be in a trust, we (and the title company) would want a copy of the trust.

It seems that there is more to the story, Margaret Rome Baltimore 410-530-2400. Did the vesting of the home give the step-daughter the right to force a sale. That would be unusual. Perhaps a trust or will specified the sale. If so, poor planning on the part of the spouse to leave the wife in such a poor position.

Sep 24, 2024 12:13 PM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Again John Juarez, When I was asked for help, the widow had no fight left in her. She was devasted by the loss of her husband and then the loss of his daughter, whom she trusted.

Sep 27, 2024 07:42 AM