QLD Property Law and Bankruptcy - Mother Sold Property Without My Consent

[Fudge1726]

I had to declare myself bankrupt after I had my son who is Autistic. I found a block of land and my mother got a loan in her name which I paid. Her name was on the block, but she signed an Affidavit after the 2013 floods to say she had no financial input or output on my property. I have proven that I was the beneficial owner as I paid the rates, the loan and built the house.

When it came for me to sell the house after the floods as we couldn't bear to live back there as we lost everything including our pet horse and pet sheep and our car, my mother wouldn't sign the papers unless myself and my brother gave her money. Money that we didn't owe her.

It was sheer greed and selfishness that she sold something that was not rightfully hers. I can prove it was my property. I have a lot of receipts of building the house. I just need someone to help me out. I keep getting put into the too hard basket. I just want what is mine and what I worked years for to build and paid the loan only for her to sell it and keep the money.

I would like to put in a claim through the courts, but it is a bit daunting. I have the forms to make the claim, and just need to be pointed in the right direction. I have a lot of paperwork, statements, receipts, the Affidavit and more to prove myself under Property Law.

 

[James D. Ford - Solicitor]

Hi Fudge

Can you please clarify for me:

- the timeline regarding your bankruptcy... date of, and date of discharge... ; and

- more details regarding what the affidavit stated, who prepared the affidavit, and the date of the affidavit;

- your "equitable" ownership of the house and land, the timing of the loan payments, and payments to build the house, etc.

I do not recommend you proceed with any litigation until you have a lawyer review the legal basis of your claim.

As an initial step, I recommend that after you consult with a lawyer, you send a Letter of Demand to your Mother, requesting repayment of the money, and providing a timeframe for her to seek legal advice. If no settlement can be agreed, it will advise her that you will be commencing legal proceedings against her, without any further notice to her and that you will rely on the letter, on the subject of legal and Court costs.


Kind regards