I was screwed over by my OWN DAD today

[Canuckistanian]

Here's the story. See if you can follow it. I'm just at the edge of sanity myself, trying to understand it.

I've been out of work for over 4 months. Seems there's just no market for my technical specialty, despite my 18 years of experience.

So we're broke. Dead broke. Owing. Everybody.

So we decide, time to take out a 2nd mortgage on the house to pay our debts. Everything's going fine, until....

The mortgage broker calls. Says, hey, we can't refinance, there's already a second mortgage on the house. And it's "undischarged", meaning not closed off.

My Dad, it seems, took out a "security mortgage" on our house when we bought it 7 years ago. We thought nothing of it at the time. It was for $50,000. The same amount that my mother left us in her will. It was supposed to be our down payment for the house. My father "handled" the sale of our house. But my father, in his infinite wisdom, decided that HE should "hold" that $50 grand in case of..... I don't know. In other words, my Dad is just another creditor.

Today, we called my father and said, "DUDE, release the 2nd mortgage. We need to refinance." My father said, and I quote, "No. That's MY money". Apparently, we never got the bequest from my mother's estate at all. It was his OWN money.

So now, our financial situation is in limbo. The electric company (along with everyone else) is demanding their money.

We're going to lose our house.

[QueenOfCalifornia]

1. Holy shit!

He did what My Dad did to me only it was different -- I mean to say, My Dad made sure I got nothing when my mother died - then when HE died he left zero to me ---
My Dad did not want me to get anything - not from my mother, not from him -- but it was sneaky.

Your situation is much worse because of the house.

Is there nothing you can do?

I feel very bad for you.

[Canuckistanian]

11. What's the worst is that I thought the money was mine

We were wondering why we kept getting turned down for a refi.

Turns out our equity in the house is $50,000 less than we thought.

It's killing me to know that my mother's bequest has been locked up by my Dad.

There's nothing we can do.

[idgiehkt]

22. I don't understand

if the money was bequeathed to you by her in a valid, legal will then he is breaking the law. You need to take him to court to get your bequest.

[boston bean]

2. I'm seething for you! I can't imagine a family member of mine doing that to me. nt

[Downtown Hound]

3. Christ, that'll fuck with your head

I'm very sorry.

[AllegroRondo]

4. Seriously, if your mom left you that money in her will

you can sue your dad for it. Sad if it has to come to that, but its there.

[Fire Walk With Me]

5. Unfortunately, fear and selfishness overwhelm all other human characteristics.

Given the right circumstances, regardless of birth, contract, or the Golden Rule. Except for the very few.

I wish you the best of luck.

[Suich]

6. Well, that sucks!

I'm with AllegroRondo...if your mom left you $50,000 in her will, I don't understand how your dad could "hold" it. He shouldn't be able to touch it. Get a lawyer asap.

Good luck!

[AlCzervik]

7. i would get a lawyer, maybe the threat of court action would shame him into doing the correct thing.

that really sucks on so many levels and i'm really sorry.

[Canuckistanian]

23. We're thinking of doing that

I just can't believe I NEED to.

[Pacifist Patriot]

8. This is where shame and lawyers come in to play.

I am so sorry you are having to deal with this. How awful! I hope it works out for the best.

[JVS]

9. huh?

[Bennyboy]

10. Sorry for you...My Father did the same thing

He has screwed me over so many times. It is difficult to deal with and you nor he will evr get over it. Sorry for you. Sorry for me. Sorry for him. Sorry for my Father.

[Canuckistanian]

14. I've had a bad relationship with him for years

Since my mom died in '96, he's become mean, rude, spiteful and arrogant to my sister and I.

I haven't spoken to him since 2005.

But we had NO IDEA he owned almost 1/3 of our property and wasn't giving up the inheritance.

We're starting to doubt what was in the will. Maybe it was all a lie. We haven't actually seen my mom's will.

[FloridaJudy]

12. That bites.

I was screwed financially by my MIL and my maternal uncle, but your Dad?

It's time to lawyer up. Get in touch with your local Legal Aid society if you're broke. That's what I did when foreclosure was imminent. I couldn't save my house, but at least I didn't have a ton of legal bills as well.

[Canuckistanian]

15. I've had lawyers tell me there's nothing we can do

Unless we pay big $$$$ to sue him.

We don't have that kind of money.

There are so many unknowns. We don't know the state of this 2nd mortgage (has it been paid? Partially paid? Intact?). We don't know what was in the will.

We may have to go to our version of Legal Aid.

[FloridaJudy]

16. Sounds like what my uncle did to my sister and me

Wills should be public documents, right? If anyone here knows how to access one that was written in California, let me know.

[idgiehkt]

24. they sometimes have copies of them at the courthouse

I don't know how long they keep them, but that is where my boss found the one that her father left.

[pokerfan]

18. Find an attorney willing to accept your case

on a contingency basis.

[Mojambo]

13. That's truly awful

I agree that you do have legal recourse.

I hope things take a turn for the better soon.

[grasswire]

17. are there public documents you can acquire?

Was the estate probated? There should be records.

How old is he? Is it possible that he's not of sound mind? Early Alzheimer's?

[Canuckistanian]

20. There was no probate

And yes, I'm considering that senility or dementia are possible here. My sister tells me he's 'getting old and forgetful'.

And increasingly irrational.

[CaliforniaPeggy]

19. My dear Canuckistanian!

My God!

Yeah, lots of good advice here....

Lawyers, Legal Aid, someone who might be willing to do pro bono work for you...

Forget he's your dad...Cause he isn't, anymore...

That just sucks...

Good luck...:hug:

And.... one thing more...keep us informed, will you?

I want to see you get justice!

[Canuckistanian]

21. Thanks, CP

We feel like we've been hit by a train. We never saw this coming.

I appreciate your thoughts.

[retread]

25. "Some will rob you with a six-gun. Others with a fountain pen." n/t