Friend's House Being Sold Out from Underneath Them!

Unfortunately, no. They have no legal grounds to be able to keep the house. Also, many times in an 'estate' situation, the sale of real estate is not up to the survivors, it may be mandated in the will or a court may order it. It might not even be within their power to stop it if they wanted to.

I have to say, though, that 'cousin and husband' really shouldn't have to be accountable to anybody for the success they have had in their financial planning, or for their lack of children. Sure, it would be great of them to be able to help out this family, but the aren't obligated to do so just because they have been successful. The other couple's poor credit and job situation is not 'cousins' fault!

It sounds like the couple needs to sit down with a financial expert and make some long term goals as well as a plan to reach them. An attorney at this point will do no good since they have no rights to the house.

Sorry to sound so rude, I really don't mean to...I just get tired of hearing people blame others for their own financial irresponsibility. I really do wish them good luck!
~L.

Dear A., I am sorry about your friends. We are in a bad finacial situation because everything we have had we have put into out two special needs kids and I know how hard living can be and how easy it is to get behind with the lack of work especially in this state. They need to go to their FIA office and apply for housing. I am sure their income would quilify them. I dont know how it is where you live but the apartments up here are not that bad they even have real houses. A lot of time there are Catholic organizations and other religous organizations that can help too. I know how hard it is to ask for help and how you can feel jugded and it is not a good feeling. But for the sake of the kids you have to do what you have to do. We are in a similiar situation we rent a house and the dad owns it but he is not under good health and may pass soon so we signed another lease. Now we have a year to offer them a land contract or try to get a conventional loan. Take Care, M.

A.,

I think your friends need to talk to the cousins. Obviously, there is something going on that caused the cousins to put the for sale sign up in the yard. Whether it be because the probate court ordered the property be put up for sale or if the cousins just need the money, your friends deserve an explanation as to why the cousins have behaved this way.

Your friends had an oral contract with the cousins and this is the definition of what a oral contract is:
"an agreement made with spoken words and either no writing or only partially written. An oral contract is just as valid as a written agreement. The main problem with an oral contract is proving its existence or the terms. As one wag observed: "An oral contract is as good as the paper it's written on." An oral contract is often provable by action taken by one or both parties which is obviously in reliance on the existence of a contract. The other significant difference between oral and written contracts is that the time to sue for breach of an oral contract (the statute of limitations) is sometimes shorter. For example, California's limitation is two years for oral compared to four for written, Connecticut and Washington three for oral rather than six for written, and Georgia four for oral instead of 20 for written."

I'm not saying that your friends have any legal recourse, however, it would be worth talking with an attorney that SPECIALIZES in real estate to find out what their rights may or may not be. And they might be able to refer them to housing programs as well if they need to find a new place.

Good luck to your friends!

They have a verbal contract. They should consult counsel to see how binding that is.
Perhaps cousins "forgot" about what was discussed? They should all sit down and discuss options.

i wish i could help...check out this website:
http://www.iccf.org/programs/own.htm
good luck to your friends...i think they should try to find out what their rights are in this situation, that information could be online or else just start making phone calls.

I agree w/ the person who said there is nothing legally they can do. This may have been put in a will and wether there was a will or no will the Courts may have ordered for that house to be sold at far market value. I would not put blame on the "cousin" for this. It may have to be done. But i will say "cousin" should be talking to the other party and letting them know whats going on. Its not "cousins" fault that the other party cant get a mortg. Who cares if they are living comfy in a big house w/ no kids, dogs, horses whatever. If they cant do anything due to the courts, then they cant do anything. No they should not have said anything to the other party about this house unless it was discussed before uncle passed. If cousin had other siblings it was not up to him to say what would happen. That is a subject that needs to be discussed between siblings before any agreement w/ anyone is made. Im not trying to sound rude either but my father had passed away and i have done alot of dealings w/ the court system & what they say goes. WEll anyways i wish the cousins good luck.