Legal Question in Real Estate Law in California

money issue

I bought a house w/ my mom.She put $500k,I have a mortgage $220K. We have a contract that she made up that we signed that I pay $1,000/mo.The contract also says this loan supercedes any other loan. I made a large purchase, which I did not get a loan for, I am still paying for it, no interest on the money I owe. Does this make the contract w/ my mom null and void as she said?


Asked on 2/05/08, 11:39 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: money issue

I'm sorry to say your question is totally unclear. You should probably re-ask it. You're not necessarily short on facts, but the facts given have no discernible common thread. Too bad, because it looks like there's a serious story lurking in there somewhere that deserves and answer.

Here are some questions that come to this lawyer's mind in reading your question:

When you bought this house with your mom, how did you take title? Does the recorded deed show you as equal co-owners, perhaps as joint tenants or as tenants in common?

Was the $500K your mom put up paid in as cash (or its equivalent) into escrow or at the closing?

Is the $220K mortgage you mention on this house? Is it the only mortgage on this house? Are you the sole obligor (borrower, trustor), or is your mom also a borrower or guarantor?

To whom do you pay the $1,000 a month? To your mom? To the mortgage company?

What "large purchase" are you referring to? Do you mean the purchase of the house? Or did you buy a car or something? If you didn't get a loan for your large purchase, how can you still be paying for it? That makes no sense.

Why would any of this make your contract with your mom "null and void?" Contracts can be, or become, null and void due to fraud, an illegal purpose, impossibility, rescission, etc., but not generally not from a party's conduct post-contract.

I'd love to give you an answer, but the question cannot be understood.

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Answered on 2/05/08, 12:54 pm


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