Meeting #1` with atty…

I have another meeting with a second one on Monday.

She suggests that I try to work this out with him — a judge, she said, would be hard pressed to decide “who goes” and she said he’d order the house sold.

The partition agreement would be similar to what the town CFO suggested: hve the home divided in 2 and have 2 separate deeds.

The will is a tenants in common status and we each more or less can sell our portion of the home? I didn’t think you could do this without it being legally declared a condo or like one of those duplex homes where the 2 portions of the dwelling are physically separated by walls.

To top this off, Bro now has a sort of girlfriend living in there with him, along with her child. Very long story how he got her in here — this is the same one he threatened to move in “to help out with expenses.”

This is strange in itself: she is supposed to be here on a temporary basis but here is the thing:

Bro had his cable cut off back in late spring. The cable company came for the box. He’s been getting along with no TV and using somebody’s wifi, I think, to surf the net (he has a tablet up there and he’s been watching TV via the tablet and doing his FB thing with it, also)

Yesterday the cable guy came to reestablish the account

Who is paying fot this? Is it her? Could be… maybe it’s he who is paying for it.

If she is paying for it, I do not think she should be getting involved financially with Bro at all. She is a teacher and I know she’s probably good for $60 grand per year at this point — if I see the light in the hall get fixed and if I see a plumber head up there to fix the sink then I will know something is up for sure.  Remember: he’s refused to pay for any repairs.

She needs to stay out of this mess financially and if he wants to live with her, I suggest he do it at an apartment not ont hese premises — because when you move in with somebody it needs to be an “OUR PLACE”. You don’t move anyone into your home; I learned that the hard way when I got married. By rights, my husband should not have been living in what is “my” home; we needed an entirely new abode to call our own.

And I get the idea that if that cable is back, then she is back for good. Even if the account was rebooted so that the kid could watch tv, hey — if you are temporary, you can’t get by with no TV for a week or 2 or 3????

This chick is here to stay, I think. she is supposed to be looking for apartments but I do not think she is going anywhere.

He told me she is here temporarily. (I do not speak to her; it’s a long story and I have too many troubles of my own. I am steering clear of her)

The atty suggests I send him registered letters asking him to pay up, etc. So I at least have it on record that he’s not paid up. And to also have it on record that he’s replied in writing with a game plan…or that if the letters get sent back to the PO unacknowledged, it’s not so good for him.

I have gotten word from Cuz’ atty that the sale of the stock is about to go through — holy shiznizz; NOW it’s only heading to the right channel to be sold? I thought that was what was taking place since mid-July.

IF Bro gave even a degree of a hoot, he’d take that amount he is due from that sale and hand it over to me, with a ;etter in writing saying why he is and what the money is for — and he’d have it notorized before he sent me that letter.

What the letter should say:

“Dear Sis: Enclosed kindly find a check in the amount of $$$ dollars. This is the complete amount of the distribution  I an getting from the sale of the stock.  Be advised that this payment covers the property taxes, homeowners insurance amount and water utilitiy that I owe you and have not paid. The amount of money that is enclosed forthwith should be more than sufficient to cover all costs.

“If you have any questions kindly let me know. Upon receipt of this letter and check, reply in writing that you have received both this letter and check. Very truly yours, Bro” and have it notorized and sent via certified mail to me.

THAT is what it should say, I think.  He can figure out how much property tax he owes since 2006; our tax rate stayed steady for 5 years. he knows how much a quarter the taxes are and how much per year homeowners insurance is; it is about $1500 a year.

I will suggest he fork over the stock sale amount in the certified mail letter I am sending him.

Such a mess all of it. Another morning is here and I am in the same boat. So sad.

11 thoughts on “Meeting #1` with atty…”

  1. And I have a double problem on my hands — the person he is moving in changed my front door lock this morning; what right did she have to do that?

    Said she would be giving ME a key??????

    This all happened so fast that I didn’t even think to tell the guy “no; put everything back to the way it is. I own the home; this person just lives here and has no rights to the ownership.”

    Now I have a double problem. I do not want her here; let’s see what the atty on Monday has to say about this, also. I may be stuck with her and have to legally evict her if she is here past a certain time —Turns out that she will be here until JUNE! Nobody told me this. NOBODY AT ALL!! she did this morning, by happenstance. Holy crap….just holy crap…

    I will be calling the same locksmith to have him change the lock back to its original state. What damn right has she got to do what she wishes with MY property???

    Guys: this is a disaster. Not only am I trying to save my own life by finding a job to bring in enough money to keep MY lights on but now there’s this, too, with the girlfriend — AND I have to sue my brother to get the money he owes me???

    Does anyone know where the love of God goes, like that old song used to go.

    1. She might have made the mistake that you have been waiting for. I’d call the police and ask her to be arrested for trespassing. She has no right to change your front door lock, potentially denying you the use of your property. Because you and your brother are tenants in common, you have a right to kick her out of the house. Just like he has to agree to make repairs, YOU have to agree to her being in the house. Call the police before calling the locksmith.

      Changing door locks is trivially easy if the holes are already drilled in the door. You can buy a new lockset of the same brand, which is likely to be cheaper than calling a locksmith. I don’t know what brand it is, but two of the most popular brands are Kwikset and Schlage. If you have Yale locks, they are worth rekeying, which is probably what the locksmith did, This is where the pins in the lock are replaced. Most residential locks are six-pin locks. If the door has a mortise lock set, which is where a pocket has been carved out of the edge of the door to accommodate the lock body, not just a hole drilled in the edge of the door for the latch, it is beyond what you should attempt.

      Here’s the part that just doesn’t seem right to me. If she is making $60K per year, why is she living with him? Are you sure that she isn’t a teacher’s aide rather than a teacher? It’s possible that she has financial problems that your brother doesn’t know about.

  2. Madness: this is a mess.

    I do not want to get into the weirdness of it all; this is NOT Dear Abby.

    I really don’t know why she isn’t getting her own place. She is using him for a free place to live; this is my take on it (and she did not work out when she was here years ago. She did the same thing: overstepped her boundaries)

    The door is an old one, probably from the 20s or 30s. The key works — the original one — but the lock broke; if that catch snaps and bolts, you cannot open the door with a key. This is another reason why I want nobody fiddling with it; I do not trust that door. She’s locked out then what?

    No, she is a teacher. Or so she says. If you are at a school 7 years you are good for a fantastic amount of money. This is why everything is so expensive in this state: we are paying a metricshittonne in taxes alone to support the bunch of them.

    And she has been officially bankrupt; she was divorced and already bankrupt officially when she met him; that was in 2003 they met. He knows about this, I believe — I an pretty sure she is out of bankruptcy by now. He’s cosigned 2 cars for her, bad financial straits he is in or not. That alone is just bad.

    And even if she was an aide, she can take in a roommate; her ex husband is paying full ride for their daughter.

    What else I do not like:

    I was given no date for her to be gone. I felt funny asking — but after what happened here with that lock, I had to ask her when she was going to be gone; there is no good time so I asked there and then.

    And that is when I got the lowdown. After the fact and third hand news.

    Isn’t this a lie by omission? Neither one of them said when she’d be gone??? If you see a cable guy coming in and she’s having a lock installed, this is not going to be a very temporary stay: the signs are right there.

    I am not a mystic and I am not overly psychic but I always trust my gut. I do not see this arrangement processing smoothly and I do not see it working out; I see nothing but trouble in all of this. I do not need any of this; I have trouble that I got into on my own, so to speak.

    I have another atty to see on Monday; I now have a second issue that needs legal advice. If I am going to evict her, I am doing it via certified mail — and if my damn asshole brother gets funky, I call cops. I will be bleeped if I permit myself to go down with the ship:

    NOT her place to even DO THIS! For love of mike: totally wrong.

    She is one thing if I evict her.

    I am worried about what he will do.

    He is confrontational and he can get violent. When you fear for your self in your own home this is when life is pretty bad.

  3. I went out into the hall and the pieces for the old lock are not there. Usually they will give those to the customer.

    So I went and asked her why come there are no pieces for the lock and did the locksmith give them to her.

    She said no.

    I asked her, “So why did you decide to change the lock?”

    I got an explanation about the pets and how she didn’t want anybody to come and take them.

    I said, “I have a dog. Why come I am not afraid somebody will take him?” She replied “Because you lock your door. Bro doesn’t lock his” — he never did — and with that, I see another lock replaced, on that door.

    I asked her if the lock replacement for the front door was her idea. She says it was his — but isn’t she still culpable and holding the bag on this one, being she was there physically when the locksmith came?

    Sometimes I think all of this is just a bad nightmare; I don’t care how much of a bad cliché it sounds like.

    I do not think I have a choice. Indeed I am also asking the atty about this entire mess with the lock. If he says I can oust her, I will do it. And take your advice about the police knowing about the lock being changed back — and YES, I need the pieces FOR THAT! This is why they return them to you.

  4. Ask the lawyer about theft by conversion. This is when someone obtains property (or the use of it) legally, but then uses it illegally. Suppose that I lent you my lawn mower, and you refused to return it. I could prosecute you for theft by conversion, because when I revoke my permission for you to use my lawn mower and you refuse to return it, you have committed theft and can be criminally prosecuted and ordered to pay me damages for loss of enjoyment of my property. I had to do this with a handyman who I hired last summer. Collecting the damages is another issue, but getting rid of her is the point.

    By not having a key to your house and having to worry that she will change the lock yet again, she is taking the free use of your property away from you, which is against the law. She might be there with the permission of your brother, but there is a common area of your house that she has to pass through to get to your brother’s space, so that is where you can stop her. As tenants in common, both of you have to agree for her to remain there.

    I had to have a locksmith let me into my car some years ago because I had locked the keys in my car, and the car was parked in my driveway. He asked me for proof that I lived there. I showed him my driver’s license, which had the address of my house on it, and he was happy.

    Her claim of being a teacher is relatively easy to check. Many New Jersey schools have websites that list their staff.

    A new lock will look new, and it may be sufficient to show the police that the lock has been changed, particularly if the door is old. I wound up replacing my front door because it was cheaper than replacing the Yale mortised lockset that was on it. The door also had some dry rot, so I didn’t do badly to replace it.

  5. It is a fair bet that Girlfriend is paying for cable, or at least her name is on the account. I would guess that the cable provider would want whatever your brother owed them paid back before they would give him service again, much as Virginia Power required me to pay the last electric bill that my tenant did not pay before I evicted him. This is why it is better for you to have separate utilities accounts from your brother. The impression that I have is that even though the parts of the house are separately metered, your name is on both accounts.

    1. The only joint is the water. The water company said there was no way they could do 2 meters — I looked into this about 10 years back.

      Everything else is separate and always was, including the oil. There are 2 tanks, one for each floor. He is paying his own oil (or is supposed to, anyway), his own gas and electric. In the days when a tenant lived there, same thing: paid for their own with their name on the account.

      Something may not be on the level; why does she want to stay here “until the end of the school year”? Maybe that’s a stall to cover the fact she is here for good, or just an outright lie so I won’t make fuss if she says she is here to stay…or maybe something else is going on where she’s up to something.

      I don’t know.

      She is going, regardless. She has no clue yet.

      Even if Bro say “yeah let’s change the lock” he still did not ask me — and isn’t she more or less “responsible” for giving permission to the locksmith because she was there and not him? Willing to bet she paid for it and not him.

      And that means she’s doubly and officially culpable that she was more or less the one who took full responsibility — she can’t prove he never said “okay let’s change it.”

      It is a sure fire bet that Bro will NOT have his share of the tax money for November; that is when the quarter is due.

      I will NOT — repeat — WILL NOT — pull THREE PEOPLE on MY dime…at this point, it is a dime I DO NOT HAVE. BULLSHIT.

      Bad enough I am paying for him — now it’s pay for her and her kid, too? Nope. I will not pull 3 people on my dime.

  6. I have not gotten a key from either him or her yet.

    No key for the front door and none for the apartment upstairs where they are living.

    Funny, eh?

    I found this on line:

    Under the common law, Co-owners share a number of rights by default:
    1.Each owner has an unrestricted right of access to the property. When one co-owner wrongfully excludes another from using the shared property, the excluded co-owner can bring a cause of action for ouster. As a remedy, the court may grant the wronged co-owner the fair rental value of the property for the time that they were ousted.

    2.Each owner has a right to an accounting of profits made from the property. If the property generates any income (e.g. rent, farming, etc. . . .) each owner is entitled to a pro-rata share of that income.

    3.Each owner has a right of contribution for the costs of owning the property. Co-owners can be forced to contribute to the payment of expenses such as property taxes, or mortgages for the entire property

    That damn stupid ass of a locksmith should have asked her for PROOF OF RESIDENCY!!!! He also needed to speak to the owner of the home directly to make sure that there was an OK for this project. Holy cats — maybe she is a tenant I evicted and she’s returned to cause trouble here!

    She has no legal address here YET — she could have been ANY Tom, Dick or Harry and maybe one looking to break into a home, trash an ex-husband’s house or tully only knows what.

    I ought to go over there and give the owner of that locksmith place holy hell in a handbasket for doing what they did. He needs to ask for positive ID of ownership and/or residency!

    This is not going to be pretty and it is not going to end well for her. As I said: I do not have a good feeling about her or that living arrangement or how it is going to turn out, nor do I have a good feeling about its intent or purpose. Something may indeed be amiss here and I will not be party to it. There is the possibility I could get into dutch for more or less having her live here, being I co own this home.

    Where does he GET and find these nogoodnicks? Some cracker jack box? or off the back of a cereal box??? Like that song from that old jazz standard goes, “I found a lollapalooza in thee.” ARGH and UGH.

    1. I had to have the security door on my house rekeyed because the former owner didn’t turn a key over to me at settlement. A locksmith will tend to believe that a person who is already inside a house has a right to be there. The driver’s license that I used to have had he address of a local motel on it because I had to have a physical address so that I could get a bank account. I handed the locksmith my license and a copy of the settlement paper (1 sheet of paper) from the purchase of the house when he arrived. He told me that he didn’t need to see it, so your experience with the locksmith is not surprising to me.

      If it is possible to get a locking cap for your oil tank, get one. I would not put it past your brother to siphon oil out of your tank. If one has an oil extractor of the type used for certain oil changes, it would be easy to use it to pump oil out of your tank, even if it was a slow process. There are small pumps available at any hardware store that could be used for that purpose.

      Good luck with the ouster action. I’d be calling the police about the changed lock, because Girlfriend had no right to do that. The troubling thing is the speed with which she acted to change the lock on your house. I’d have to conclude that she is up to no good. It is in your interest to get something on record about what she’s done. The cops would arrest her in a second if she had had a locksmith open your car.

      The longer you let the lock that Girlfriend put on the house stay there, the stronger her case is for her having permission to do it. I’d have called a locksmith on the spot and had the lock changed back.

      1. This came at me so fast that I couldn’t think.

        I will consult the police about the lock today — and now I have a plumber upstairs. Sink doesn’t work, as I said. Guess who called them…and I just had a huge fight with Bro.

        1. If Girlfriend pays for repairs on your house without your consent, she does not have a lot of leverage to come after you at a later date to recover what she paid out.

          I prosecuted a handyman for stealing my lawn mower and other things and also sued him in small claims court. He pleaded no contest on the theft charge and I was ordered restitution in the amount of $300 in the theft case and received a further judgement of $900 for work that he did not do and for damage that he caused to may lawn. The next step on the small claims court case is to have the judgement registered and to try to get him to participate in the interrogatories to learn where his property is. All that I really can do is register the judgement and mess up his credit. Given that he has two warrants for his arrest on unrelated matter, both of which were entered after the small claims case, I doubt that he will appear.

          The lesson of this experience is that getting a judgement is only the first step, and that it in no way assures that I will be paid. I still believe that you will need a lien on the house to assure that you get paid. If you plan not to buy him out until spring, you need to sue him UNLESS he manages to pay you in full very soon. Once you have the lien, it has to be cleared (paid off) before the house can be transferred. You can elect to deduct the lien plus interest plus legal fees up to the day that you go to settlement from the value of his share of the house.

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