husband hous wnt into foreclosure, sister stepped in bought siad shewould sell take what she put in and give him $$ she never did!

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husband hous wnt into foreclosure, sister stepped in bought siad shewould sell take what she put in and give him $$ she never did!

Husband wife dies, he’s devastated, let everything go, his sister and her friend stepped in have everything he has signed over to her daughter, includiing his 401k which would have paid up to date and then some on his past due mortgage, she takes the money, he signs over the house. She pays the forclosure monies due(with his money), she and he discuss selling the house and she get her money back, friend get his money back, and he gets what’s left over!! Never happened, she keeps all the proceeds, never pays the friend or him any money at all. Is there anything he can do?

Asked on June 25, 2009 under Real Estate Law, Massachusetts

Answers:

Raymond P. Bilodeau / Raymond P. Bilodeau, Attorney at Law

Answered 11 years ago | Contributor

There is a possibility of recovering some of the money, if there is any left to recover. It will require a Superior Court action, which can be expensive. Fast action is required if there are funds left in an identifiable account to get a court order freezing the account(s).

While Superior Courts in MA are state-wide courts, it will help f the action is in the county where the funds are being held.

 


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