Real Estate Lawyer Question

[StewNTexas]

Back in the spring of last year or daughter and her husband were buying a new house. Their ready cash was a bit short, and they needed a fence down one long side, across the back and a short one on the other side to connect the house to an existing fence next door.

I planed to build it myself for them, but it was 'decided' by my wife that I was not physically able to perform the work in a quick manner.

We gave them a check for $1000.00 from our local bank, another or $1,000.00 from our credit union, and $500.oo cash for a total of $2,500.00. They contracted for a fence within a few days. It was finished to everyones satisfaction.

We had NO paperwork or written agreement concerning this transaction. Yeah, I know, don't start on me. Should'a, could'a, could 'a.

After a few weeks, my wife asked them about how they planned to repay the amount. She was told that they expected $16,000.00 from the real estate credit being offered for new home purchases. They got this information from their real estate agent.

Well, the husband still had a house in his name from a divorce ten years ago, so they did not qualify for any credit/rebate.

We were then told that the $2,500.00 was a gift from us to them, and it would not be repaid. I suppose you can understand that this caused a deep rift between our two families. We have been denied access to the grandkids, no contact in any way between us and them.

Now we find that they are splitting up, selling the house.

Is there any way we can put any kind of a lien against the house? We have nothing in writing. The only documentation is the two cancelled checks for $1,000.00 each dated the same day.

I know you 'can't fight city hall, but you can take a crap on the steps.' Any suggestions would be welcome, except don't be so stupid in the future.

[Tamie]

Is there any way we can put any kind of a lien against the house? We have nothing in writing. The only documentation is the two cancelled checks for $1,000.00 each dated the same day.

IANAL but I would ask myself this. If they had paid for the fence with a credit card, could the credit card company get a lien on the house?

[TexasGal]

So would getting the money back be worth ripping the relationship further? It sounds painful in the extreme already. As far as my limited knowledge goes, you have nothing if you do not have anything showing they understood it was a loan. Asking a local lawyer would be a good idea if you really want to pursue it. I feel your pain on this. Kids seem to have a sense of entitlement these days. Like no matter how old they get, your money has one purpose--to make their lives effortless. I hope this gets better for you.

[RoyGBiv]

If this was the only thing wrong with my relationship with my daughter, I would view the whole mess as MY responsibility and move on. $2,500 by itself would not be enough for me to give up my grandkids, especially if I made the mistake of giving the money without being clear that I expected it to be paid back BEFORE I handed it over.

I'm betting this goes deeper than just $2,500.

I don't think you have a leg to stand on re: a lien, but IANAL.

Best wishes and prayers for healing to you and your family.

[Crossfire]

There are only two things worse than loaning money to family members:

1. Not paying it back

2. Taking them to court when they don't pay it back.

If you ever want any hope of a relationship with those grandkids - forget, forgive, lesson learned, move on.

I wish your family all the best.

[WildBill]

There are only two things worse than loaning money to family members:

1. Not paying it back

2. Taking them to court when they don't pay it back.

If you ever want any hope of a relationship with those grandkids - forget, forgive, lesson learned, move on.

I wish your family all the best.

and the third goes without saying.

[G Wagner]

In my opinion, it would be considered a gift, unless:
(1) One of them admits it was a loan; or
(2) On the check is written "Loan".

And, subject to being corrected: The parents of the grandchildren can deny you visitation. Texas does not provide any "rights as grandparent" to visitation.