Meeting Number 2 results…

I explained both situations.

He says I cannot evict her because she is part of his package because she is living with him.

I cannot have her arrested for trespassing.  It would be no use to change the lock back because it is likely she’ll change it back to the way she wants it.

He told me to tell her not to touch the common areas — that’s the hallway, the vestibule, the front steps, the front lawn, the sidewalk and the driveway and garage and yard.

He suggested I try for the partition agreement: either I buy him out or he buys me out or we sell the house completely. He suggests I not fix the garage; if the other owners want the house they may do something else entirely different with the garage — they could demolish it and do something else with it, for example: maybe put in a carport instead or some kind of fancy tool shed with a little workshop.

He said to sue Bro for the money he owes me if Bro doesn’t pay in full by the  deadline– but unless I get Bro out of here by November– not likely, too short notice!!! —- it is probably very likely he’ll pull the same shit on me with “I ain’t got no tax money”and now I will have 3 people in here that I am pulling for free: the exact thing I do not want.

And suppose he does refuse on November 1??? Then what? (besides, that is, the fact that he is being nothing but a shithead and needs his ass kicked, because of that?)

I would have to go and get a loan to buy out Bro — getting a tenant in here would be no problem.  After they are in and paying rent, I could modernize the kitchen and turn the pantry/dining room closet into a mud room with a real washer in it.

Or Bro would buy me out. No way he’d get a loan with his poor credit and debt up the wazoo. So that’s not an option.

I don’t know if I should speak to a third attorney — I can’t believe I cannot get rid of her on my own and that I am stuck with her, more or less, unless the status of this house with bro in it changes: when he goes so will she.

He said to give Bro a deadline to pay up the entire amount he owes me — roughly it is about 35 grand — and if he doesn’t produce the full amount, take him to court and sue him for the amount.

That’s what I have today. There is a 2K retainer for this guy’s services.

For the last 51/2 weeks I have been pursuing this matter.  I am exhausted and worn to a frazzle.

It is a shame I cannot evict her.  That would be one thing — he remains behind.  I still have to find a way to dispose of the problem that he is the root of.  And he had the unmitigated gall to add to the problem by having her come here to live.  Something sure is flukey with her being here but I can’t prove anything.

If I buy him out it will not be until after the first of the year.  I plan to tell Bro my findings on Wednesday and give him his options on that day.

It looks like a certainty that that distribution with the stock will be happening by the start of next week, if not sooner.  He is better off willingly handing over his distribution and using it as a make good for the money he owes me, or a partial payment — I do not know yet how much it will be that he is receiving. I will have to call the atty that is in charge of that affair so that it’s ensured I get that money in my hand.  That would be one hurdle jumped. He will avoid going to court.

5 thoughts on “Meeting Number 2 results…”

  1. Buying your brother out has long been the better solution, particularly if you have a judge rule in your favor concerning household expenses that you have paid on his behalf. Rather than owing him half the price of the house, you would owe less than that because the debt to you would offset his share of the house’s price. You might wind up having to sell the house to one of those companies that buy houses, and there you’d get a lousy price. What makes the mortgage less of a risk for the bank is that you have a lot of equity in the house.

    Expecting someone who has a long history of slacking on his share of the expenses is unlikely to suddenly start doing right by you. At the moment, you have no standing under the law to receive his money from the stock instead of him. He must turn the money over to you voluntarily because you have no lien or other court judgement recognizing his indebtedness to you. You are still at the “he said, she said” point, with your word against his. I don’t know who left him the stock, but the law is particular that the beneficiary receives the asset or other property FIRST. It is the job of the executor of that estate to make sure that your brother is paid. What happens to the money after that is up to your brother.

    A task for you is to add up all of what your brother owes you if you haven’t done it already. Most states let you charge interest. The small claims court information will give an interest rate.

    When you’re judgement-proof, you get to be a problem to others. Bro relies on you to keep up the house and let him be irresponsible.

    1. This is an aunt that has left him the stock.

      About 3 weeks ago I called him to give him the heads up about bro and what the story was.

      And I made sure to say I was not looking for him to represent me in this hot mess; he cannot since it’s a huge conflict of interest, ethics and about a trillion other things.

      I called him to let him know what was what rather than let him have a curve ball thrown at him in case Bro’s distribution needed to be frozen. Gave him advance notice, more or less.

      He was the one who gave me the recommendation to go to the country bar and get attorney references so I can start the ball in motion.

      I will call him again when I have this little chat with bro to make sure that the distribution goes to me, even though there is no lawsuit against bro — if there was, then it would be frozen for certain.

      And I will call the executor, also. Let him know what is happening here. (and too bad he can’t tell Bro to get his ass in gear; Bro would listen to him in a flash. I don’t want to involve the guy in a family feud)

      I have added up what he owes; the atty yesterday wanted a list of what Bro is outstanding on and what the full amount is.

      By rights interest should be accrued starting with 2006 all the way up to present. That is how it should work.

      Being this mess started in 2006 and this was my money invested in this bullshit, I should make the interest on all of this reflective of what banks were paying.

      What a mess, all of it.

      THis is now all the more of a shagged up mess, thanks to girlfriend being here. You KNOW he is going to side with her and you know that little town crier has already told her every inch of my business and his….and she’s going to be in on this deal like a shrew freaking wife. That this is going to be one on one with him — she needs to butt the hell out — is not possible at all.

      This is why my problem is compounded by about a trillion percent: he now has her living there and I know she’s going to be butting in on this issue; this is another reason why she should not be living here and the biggest reason why I do not want her here.

      Easier to buy him out and he goes.

      And to give him a deadline of February 1 to pay off the rest:

      He has holiday season coming up and he does have commissions. He can very easily pay off the remainder of what he owes with the commissions he makes during holiday season.

      I would wait until spring to buy him out, anyway. It is going to take awhile to get a loan for this mess — and it would pay for itself. I would have a tenant upstairs and that rent money would be used to pay off the loan.

      This sucks it, it really does.

      Even if this is a partition, she will still be in the picture and I do not want that route, anyway, because it will be a big problem if I ever decide I want to sell. I would lose money on that big time. So no to that.

      This is now 10+ years he has been involved with her; to me, you are a permanent thing if it’s run that long.

      THis is a fantastically humongoid mess — the mess of all great big messes.

      And I am surprised I was not able to legally exercise my right to tell her to leave. If she was not here, my problem would be a bit easier to contend with; I don’t know what this person’s outlook is but she may think she’s got Try Number Two at a future with him. And even if she remotely thinks she will be with him for good, she may be seeing this as “a couplehood” and now she wants a piece of the pie.

      What a mess. And a BIG ONE.

  2. Ask about the need to evict Bro and Girlfriend after you buy him out. I cannot imagine him going quietly. Secondly, once you have a judgement in hand, it ought to be possible to have the judgement offset his proceeds from the house, allowing you to borrow less to buy him out. Suppose that he pays you $10K now and still owes $25K. That $25K would simply be deducted from his share of the house’s value, and you would give him a check for the rest. Without having gotten a lien against the property, it will be that much harder for you to collect the balance when the property is sold. You also do well to have the property appraised. You might be between assessment cycles from your town. Not every property is appraised by the city assessor annually. There is a case to be made for damages against your brother for his refusal to fix the garage.

    Girlfriend has no standing under the law in terms of the property. She has no rights, only privileges. She is a visitor. Even if she married him, property that is separate before marriage remains separate property after marriage UNLESS the person who owns the property grants an ownership interest to the spouse. This would require re-deeding the house and for some other paperwork to be done.

    Were I in your shoes, I would take whatever money he gives you, if any, and sue him anyway for the balance. Getting a judgement is only the first step. Collecting on it is another, but you have an easier time than most because you know where his property is, and can attach a lien.

    One of the harder things in suing someone is ceasing to care about how the outcome will affect the other person.

    1. One of the harder things in suing someone is ceasing to care about how the outcome will affect the other person.

      Indeed.

      Did he care how the outcome of his actions affected me?

      This is where he cut his nose off to spite his face: he lives here too and he owns half this house and it’s only common sense that you do what you are supposed to do.

      Would he not get a date to be out of this dwelling after the buyout goes through? He would, but you may be right: they may not leave.

      Bringing her into this house has thrown the most colossal and unseen of monkeywrenches into both of the problems I am having with him. There is NO NEED for her to be here, none — yes, she is indeed employed as what she says she is; her name is listed on the website of the school; I have seen it — and she makes a very good amount.

      She is good for at least 60K — there is website that is accessable to the public; since she is a public servant, you are free to access the salary of any public sector employee.

      Much more than any of us bums here on this blog could make, unless some job god smiles down upon us and heaves a job with a salary like that our ways.

      I still say something is funky with the entire living arrangement. There is no reason for her to be here, none at all whatsoever. She is out of Chapter 11; she has more than enough money to buy even the most modest of homes or condos.

      AND that front door is UNLOCKED. This is how important, then, it is to have a door that locks??? WHy was she so hell bent for shoeleather to get that lock put onto that door, then?

      Atty #2 suggested I tell bro what he owes and give him a deadline and ask him how he intends to pay in full. If he does not pay in full by the deadline, sue him.

      Both attorneys suggested I get a comparison analysis to get a basis for how much the house is worth — my cousin had to get his house appriaed by somebody “certified” — it wasn’t done through a realtor — before he could sell his home. I forgot the term he used for it; I am wondering if I would have to do the same. A realtor may not count.

      What a mess, all of this. That he brought her in here makes this situation all the more worse. You know she is going to influence him and put her nose into this and you know he will listen.

      I am not so sure why he was so keen to bring her here.

      1. You will need a licensed property appraiser to do the appraisal. A realtor finds so-called “comparables”, which are houses of the same size and condition and price range, but that process does not place a value on your house specifically. I paid $325 to have my house appraised last year before I bought it.

        Generally, the buyer pays for the appraisal, not the seller, but your cousin may have wanted to know the particular value of his house if the condition was much better or much worse than average, or the house was significantly different from those in the neighborhood.

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