The house has sold: 99% of the way through with BRO!

It’s 99% official…

I am done with Bro.

I say 99% done because the house has sold (the close is not until mid-September) but I am still going to go after Bro for damages.

The amount of “back taxes” he rang up, plus the cost of the oil he did not put in the tank for 8 years plus my legal fees plus my closing fee. Those are the damages

It is a pretty hefty amount of money.

I have to sue him separately for that.

That amount is going to be held in escrow upon closing. Boy is he in for a big surprise.

Considering he paid home owners insurance from late 2013 up until march of this year ,  taxes for this house for 2 and one half quarters (more on that in this post later) and the water, I prob ably owe him about 4 grand tops. Big deal.

We had 18 groups of people come to look at the house. 6 groups were families, a single woman, or a couple with an elderly mother — the other 12 were developers.

And that is who bought this house: a developer.

Bro signed at the start of last month after the written offer came in; I held out because I was trying to get this house reassessed. There is turn of the century woodwork here and a cove ceiling and you do not find that in any homes anywhere today. Plus this house is on a double lot and double lots no longer exist in this town at all.

I also considered buying him out.

I held off signing until I had all of this investigated — if I b ought him out, I’d have to be on the hook for a jawshattering amount of money. I’d have to fix a bum roof, tear down a garage, fix and tear down a back porch, get the furnaces replaced and many more: NOT worth it.

I signed a week and a half ago. And between the time he signed and I signed, hoo boy—what a pity. I got cursed out by Bro, screamed at by his damn live-in (this, in front of people who were interested in buying!! Holy crap, it never ends) and more or less pressured to sign.

He’s been giving me the cold shoulder and ignoring me for about 3 weeks now. I am wonderin g if they were considering a home but missed out because there was no signed contract and his money for the down payment was contingent upon a signed contract and close date. Well, tough. I was trying to perhaps get us a better deal. I did NOT give him any of this info.

I have been “Free” of Bro for about a week now.

And guess who is stuck cleaning out the basement by herself. What a lousy little rat xyz.

There is a gripload of items that his live-in has downstairs and that shit has been in the basement for 11 years — it has been here since she moved in that first time. When she moved out, she didn’t take anything with her. I told him a zillion times MY basement is not her storage bin and all I would get is yeah yeah yeah…just like I got yeah yeah yeah to the oil that he never put into that tank.

Regarding the damages:

I will give him hell in court.

N O way can a judge tell me “oh families throw around money” – that little piker never contributed ONE CENT between August of 2005 and August of 2013 – I pulled the plug on him on Labor Day weekend of 2013 after we had that showdown —I made sure that was the LAST showdown ever —  and that was when I started to get the ball rolling to legally get him out of here.

I have 5 pounds of paperwork – every single check I have written from March of 2005 up until October of 2013 that plainly states that I PAID EVERY SINGLE QUARTER OF TAXES. Bullshit; he cannot say he gave me cash and I gave NO RECEIPT. I will swear under every oath that what I am saying is the truth.

And the fact that this house is in tax arrears to the tune of $6200 shores up my argument.

Here is what he paid, between September 2013 and May of 2014:

Bro paid house taxes — half a quarter in October of 2013 (after that town punk moved in with him) and 2 quarters’ worth after that — February and May of 2014. That is the 6200 in arrears for taxes — August of 2014 up to May of 2015.

That was the end of any taxes paid for this property. I could not afford to contribute and he simply did not want to.

I think he paid that 2 and a 1/2 quarters for appearances to maybe show the little lady he was living with how responsible he could be. Werk.

So who is he kiddin g that he has consistently been diligent and ON TIME with payments for taxes??? He just blew his argument to hell!!! He refused to pay any more after May of 2014 probably because I was suing him and he figured wtf and why should he bo ther…”when this house sells, the town will collect the arrears from the sale.”

These are the only 3 checks he has to back up what he paid fo, during those 21/2 quarters of taxes. After that, as I said, he paid nothing.

He was supposed to go to his bank and produce the same kind of evidence — v ia copies of checks he has written —to prove he paid his share of taxes, homeowners insurance and for his half of the water bill — (there’s only one water meter)  but funny how he never came up with that documentation.

That alone cost me a good $1200 — to attain copies of those checks, for all those years. To prove he did not pay a dime.

99% over. And it has been hell. I paid for all of this in more than legal fees: it was in blood and sweat and tears also. I paid many times over for what happened here. And my only regret is that I didn’t get rid of him when this house came into the picture. Own NOTHING with anybody…not even a spouse.

7 thoughts on “The house has sold: 99% of the way through with BRO!”

  1. Congratulations feels like the wrong thing to say, but I’m happy that your siege is nearing an end. Was the time provided for you to clean out the house? I’d expect a developer to have money ready to go to buy property, and a quick close could be better for you. Unless you have a judgement in your favor prior to the sale of the house, the money from the sale will be disbursed to him, less half of the taxes and other selling expenses. The only exception that I can think of would be if he has agreed to put the money into escrow to pay you back depending on what the court says.

    1. That isn’t how it works according to Atty.

      I have to sue him for the whole amount — and I want this done BEFORE the close.

      Because this little xyz will say “ohhhh I had to pay for this and that and I can’t spare the money…”

      Let them h old it into escrow.

      I am sure he will countersue to get “my” half of the taxes he paid and my half of the homeowners insurance he paid from November 2013 up until March of this year and for half the water. That is probably about 5 grand, and I have every intention of lettihg him have what I owe him.

      He had a whole list of what I owed, last June — and he is claiming he does not owe me one cent.

      2 years ago, squirrels got into the front room roof; I had to pay the exterminator. he knew one was coming; he did not offer to pay half and I did not ask him.

      I did not ask him for half the expense of fixing a pipe in the basement, last March.

      And I did not ask him for half the money to buy paint for the front of the house. I paid for it; that was 6 years ago.

      1. How is your attorney claiming that it works? My experience with selling two houses is that any mortgage against the house has to be cleared before the sale can be final (already done in the sale of my houses and your current house because there is no mortgage) so that the buyer gets clear title, any secondary liens agaisnt the house have to be paid off, such as a home equity line of credit, accrued property taxes or court judgements and that any other selling costs have to be paid before the seller(s) get their money. Once these things are done, the seller(s) are immediately entitled to payment because the sale is now final. There should be a check handed to both you and Bro AT settlement or within a couple of days. When I bought my current house, I had to bring a cashier’s check for the sales price of the house to the closing of the sale. I received in return the deed to my house and a small check from the sellers for $400 ($250 toward replacement of my dishwasher and about $150 toward the property taxes that had accrued so far in 2012).

        There is a potentially ugly tax surprise for both you and Bro at the end of the sale. For a single person. if you have more than $250K in capital gains on the house, which is not hard to do with a gift house where you have zero basis in the house, you are subject to tax on the amount over that. According to IRS Publication 523, you will have to split the capital gains exclusion with Bro, which gives you an exclusion of $125K each, presuming 50/50 ownership. If the house sells for less than $250K net of selling expenses, your share of the sale of the house is not subject to federal tax.

    2. Bro in sists he does not owe me a dime and there is no reason for the damages.

      So no way he’ll adm it to having that money for the damages put into an escrow fund.

      I cannot and will not go after him for damages after the close. I will never see that money.

  2. Once all of the adjudicated claims against the property and contractual costs incurred in the the transfer of property are paid, Bro is entitled to half of the balance less whatever your adjudicated claims against the property are. His property has been sold, so he is entitled to be paid.

    Right now, your claims are not adjudicated, though they might be if you can get him into court or obtain a default judgement against him should he fail to appear to defend himself prior to the sale of the house. You want the judge to order that whatever he decides that the damages are be paid out of Bro’s share of the proceeds of the sale of the house. Absent that ruling prior to the sale, you will have to chase him down for the money.

    Look at a HUD-1 form, which might not have been given when you signed the contract. You won’t have the sections on a mortgage, but it will give you an idea of other areas where Bro may have caused you to incur expenses.
    You might have “five pounds of documents”, but it will be much more helpful to the judge if you reduce the costs that Bro owes you to an itemized list, year by year. You can always show the receipts if the judge asks.

  3. Congratulations. I learned in college that you have to be very careful who you pick as your apartment roommates. I had one that was a great roommate, and the other one was not. I am glad you’re finally getting rid of your problematic ‘apartment roommates’. I trust that your lawyer has protected the money so that there is no way your brother can get a hold of it until everything is settled legally in court. Did ‘girlfriend’s’ daughter get into the fancy school she wanted to go to? What is the news with that whole situation?

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