Is there any legal way to get someone to pay back money borrowed without a contract?

[Diddy_King]

Several years ago my brother borrowed $40,000 from my parents to fight for custody of his kids. My parents didn't have that kind of money just laying around so they took a mortgage out on the house/property. He paid back a bit of it but factoring in the interest of a 15 year mortgage there's no way he's paid back anywhere near the amount borrowed. The problem is my father died a couple years back and since then my brother has "disowned" my mother and the rest of the family by proxy.

I'm currently 23 and tearing my savings apart trying to keep this house paid for. The main problem is the mortgage payments on a mortgage that I never saw penny one of. My mother is in her 60s and only gets a small amount of money each month from social security (like $1200). That leaves me paying the mortgage and at least half the bills. Of course there's no contract because my parents lent the money to their son, which leaves me paying off his debts. It's getting to the point that I just want to abandon ship and say to f*** with the consequences.

So once again is there any legal way I can get him to pay the money he owes so I don't to bankrupt and likely lose the house anyway?

 

[JoelChenFA]

Several years ago my brother borrowed $40,000 from my parents to fight for custody of his kids. My parents didn't have that kind of money just laying around so they took a mortgage out on the house/property. He paid back a bit of it but factoring in the interest of a 15 year mortgage there's no way he's paid back anywhere near the amount borrowed. The problem is my father died a couple years back and since then my brother has "disowned" my mother and the rest of the family by proxy.

I'm currently 23 and tearing my savings apart trying to keep this house paid for. The main problem is the mortgage payments on a mortgage that I never saw penny one of. My mother is in her 60s and only gets a small amount of money each month from social security (like $1200). That leaves me paying the mortgage and at least half the bills. Of course there's no contract because my parents lent the money to their son, which leaves me paying off his debts. It's getting to the point that I just want to abandon ship and say to f*** with the consequences.

So once again is there any legal way I can get him to pay the money he owes so I don't to bankrupt and likely lose the house anyway?

You could try asking for 75% of the funds they got from the fund raiser that Extra credits had to fix Alison's arm.

 

[Diddy_King]

First off we would need to know what country you are in.
Buuut if theres nothing in writing then sadly you're pretty much fucked. Comes down to your mothers word versus your brothers.

Personally, I suggest hiring a couple $50 bruisers to have a nice little talk with him about the condition of his kneecaps.

USA. Louisiana.

 

[Spambot 3000]

Blackmail him somehow.

 

[McPulse]

I wrote this in this thread about 10 minutes ago, but it hasn't showed up. I can access it, but it seems that the other posts have gone here. If this is a double post, suspend me Oh Moderator.


Unfortunately, if your country is founded on English Common Law (UK/America/Australia/Canada), people cannot sign binding contracts with other members of their immediate family. Since ther wasn't even a contract in the first place, that's two points against your favour.

My advice is to find a family mediator and discuss the matter in a low-cost, informal environment then if that doesn't work take him to court with a duty of care case about him depriving your family of the necessary funds to survive.

I'm sorry, man, but legality and ethics are rarely aligned.

EDIT: If he's paying upkeep, I'm sorry but there is very little you can do to challenge it. File for bankruptcy and wipe the debt clean. It will scar your mother's record for the rest of her life, but unfortunately that's the way these things fall.

 

[Rathcoole]

Damn that is fucked up. How could somebody do that to their own mother? Your brother sounds a a dick. As for legally I am not sure, If he had remortgaged it without there knowledge or something like that then it would have been a simple police matter. But sinse they gave him the money willingly it is a sticky wicket. If I were you I would contact a lawyer or call citizen's advice (Sorry I am british not sure if you have that over in the states). See what they have to say. Maybe say he pressured them into it or forced them. Might help your case.

 

[smithy_2045]

The way to find out if you have legal options is asking a lawyer.

 

[Diddy_King]

I wrote this in this thread about 10 minutes ago, but it hasn't showed up. I can access it, but it seems that the other posts have gone here. If this is a double post, suspend me Oh Moderator.


Unfortunately, if your country is founded on English Common Law (UK/America/Australia/Canada), people cannot sign binding contracts with other members of their immediate family. Since ther wasn't even a contract in the first place, that's two points against your favour.

My advice is to find a family mediator and discuss the matter in a low-cost, informal environment then if that doesn't work take him to court with a duty of care case about him depriving your family of the necessary funds to survive.

I'm sorry, man, but legality and ethics are rarely aligned.

EDIT: If he's paying upkeep, I'm sorry but there is very little you can do to challenge it. File for bankruptcy and wipe the debt clean. It will scar your mother's record for the rest of her life, but unfortunately that's the way these things fall.

If my mother filed bankruptcy would she lose the house? This property is by all rights MINE after the sh** I've gone through in the past couple years keeping it running. After my dad died I had about $12,000 in savings, now I'm living from paycheck to paycheck and I have about $400 in my bank. He is currently paying us NOTHING, and only paid back $10,000 MAX.

 

[Gennadios]

You'll get more help consulting a lawyer than The Escapist, but from my extensive legal experience (watching Judge Judy @ the barber shop, and listening to Ask a Lawyer on 810AM) a verbal contract is still a contract.

You still need to be able to prove that your parents gave your bro the money.

If you're so hard up on cash or time that you can't do a legal consultation, attached is the page for the Ask a Lawyer program, your case might make for intertaining listening:

http://www.kgoam810.com/showdj.asp?DJID=3556

Note the dates and hours, don't forget to account for the difference in time zones, and call in when he's on the air.

 

[McPulse]

If my mother filed bankruptcy would she lose the house? This property is by all rights MINE after the sh** I've gone through in the past couple years keeping it running. After my dad died I had about $12,000 in savings, now I'm living from paycheck to paycheck and I have about $400 in my bank. He is currently paying us NOTHING, and only paid back $10,000 MAX.

I'm from Australia, but a quick look around the internet should tell you all you need to know. For instance, to file for bankruptcy, your debts must be greater than your assets. From what I've read, houses and the necessities of life cannot be taken away from you by filing for bankruptcy.

Honestly, I wouldn't hold out must hope for a solution where your brother pays back the money. Gennadios is correct in saying that a verbal contract is still a binding agreement, but verbal contracts are not supposed to be used in dealing with large amounts of money and contracts with immediate family members are considered to be made under undue influence and therefore invalid.

Worst comes to worst, talk to your local legal aid about representation for a bankruptcy hearing before you go. At least you can be prepared.