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How to keep my apartment?

Started by Laura Morris80 · · 👁 4 views · 9 replies

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Participants Laura Morris80Andrew Sullivan8nimbleseal74Brandon Hill8nimblelynx7Thomas Ortiz3Joshua Martinez7
Laura Morris80 Laura Morris80 NewcomerOP
4 messages
joined Apr 2011
#1 ·
I think this situation deserves its own thread...

So, back in 1994, my husband's parents bought him a lovely little apartment, maybe fifty square meters or so, in Washington, D.C. Since most buildings in the city weren't properly recorded in the land registries back then, our building wasn't either. Because of that, the proof of ownership for the seller was just a valid court ruling stating they owned the unit outright. So, the parents buy the son his place.
Since my husband is the third owner, it hasn't been easy tracking down the original purchase agreement between the developer and the first buyers. We only figured out how to track down the housing cooperative and those documents earlier this year, in 2011. I called a woman to help prep the paperwork so we could finally finish registering the ownership—basically getting it into the Democratic Party records, though the building isn't officially subdivided yet. She tells me some lawyer already called her and took all the original documents. I call this lawyer to ask what he wants from us and who he actually represents, and he says his clients—the very first owners—were planning to notify us soon that we’re being evicted. Apparently, that court ruling I mentioned earlier was overturned because the people who sold the place to my husband admitted they forged signatures on the sales contract.😲
Through some pretty strange channels, we managed to get our hands on those rulings. It was difficult because that lawyer wouldn't show us anything, mostly because his clients don't want any good relations with us.🤷

Reading through all this documentation, here is what I see:
The original owners were Mexicans who fled the US in '91. Version one: they left the apartment with a female colleague for safekeeping. Or version two: they sold it to that colleague.

That colleague—the one who sold the apartment to my husband—claims they gave her about 90% of the agreed price in '91, with an agreement to pay the rest in a month or two once the signatures were finalized. But after they took that 90%, they vanished. They couldn't be tracked down to finish the sale. Panicked, she forged the signature on the sales contract, went to court to settle the matter, and the court ruled in her favor. That ruling became final in '93, and they sold the apartment to my husband in '94.

Now, those gentlemen—the Mexicans, the original owners—in the ruling that overturns the first one, claim they only left the place with the colleague for safekeeping while they were away so they wouldn't have to deal with tenants. They claim they never sold it to her and never even discussed it. And this time, the court believed them and overturned their own FINAL ruling from '93.🙂

Get this: in all seventeen years, NO ONE, and I mean absolutely NO ONE, ever asked us anything or notified us about anything. All this time, legal battles involving our apartment were happening in court, and we had no idea. We only got our first real hint today that there might be trouble, and that was a letter from their lawyer telling us to vacate within 14 days.

We have a lawyer now, but he’s pretty pessimistic. He says our only real move is to sue for damages, but that we’ll likely have to hand the property back to the Mexicans sooner or later.
It seems pretty obvious, though, that these thieves—knowing they forged those signatures—made sure they don't own anything in their own names in the meantime, so there's nothing left to seize from them.
What would you all do if you were in our shoes? I mean, if there's any shred of justice left in this world, it shouldn't allow these clear criminals to profit off our hard work while we're left with nothing, especially since we aren't in the wrong.

Please, help us out—whether it's advice, a recommendation, or an example of something similar...
Andrew Sullivan8 Andrew Sullivan8 Newcomer
8 messages
joined Jun 2005
#2 ·
None of this looks great, and since I’m no lawyer, all I can say is I feel for you guys. You're caught in a mess through no fault of your own, but I'm sure you'll find a way to pull through...

Best of luck
nimbleseal74 nimbleseal74 Newcomer
8 messages
joined Apr 2017
#3 ·
Now, look, I’m certainly no attorney, but I feel quite strongly that you shouldn't just be left out on the street—or at the very least, without some kind of compensation from the government.

The situation is this: you, or rather the elderly widows of the husbands, purchased the apartment in good faith, assuming everything was legitimate because the sellers held a valid court judgment confirming their ownership.

Honestly, you’ve done absolutely everything within your power. At this stage, one would assume our "legalistic" American system should actually step up and protect its citizens.

If I were thinking aloud, I’d say it might be high time to retain a truly COMPETENT lawyer, and perhaps even leak a bit of this story to the press; a little media scrutiny might actually do some good...

Wishing you all the best of luck!

P.S. Remember, the final stop for cases like this is the European Court of Human Rights!😉
Laura Morris80 Laura Morris80 NewcomerOP
4 messages
joined Apr 2011
#4 ·
Thanks for the support.

Honestly, we need an attorney who’s going to fight for us like a pit bull, but we aren't really sure who to turn to. Our current lawyer isn't necessarily bad, I guess, but I get the feeling he isn't truly in our corner. He hasn't explored all the options. He hasn't even said we'll do everything possible to keep the apartment; instead, he acts like it's already lost and just wants to sue people who probably don't have anything to give anyway. So, I'm asking for a recommendation for someone really strong in cases like this.

I was thinking about adverse possession, since we've owned the property for 17 years now. We weren't aware of what was happening during all that time, and we acquired the property legally—it was perfectly legal when we bought it. We paid the taxes, we pay all the utilities and insurance, and we've been maintaining and investing in the place. I feel like we should have a case here, but the lawyer says no, because apparently the legal chain of ownership from our ancestors was broken along the way under the Property Law.

I don't even have to tell you how much dark circles my husband and I have under our eyes from lack of sleep...
Brandon Hill8 Brandon Hill8 Active Member
57 messages
joined Apr 2011
#5 ·
Regarding the issue of good faith, they’ve actually got a point here. You also have to consider the concept of acquiring ownership from someone who isn't the actual owner. If you dig into the Property Law, you'll see how that's specifically handled. From what I can gather looking through the legal literature, this whole "acquiring from a non-owner" thing is pretty strictly limited to three specific scenarios. One of those involves getting possession from someone who was handed the item via a legal transaction that doesn't actually transfer title—like an inheritance, which seems to be exactly what's happening in this mess if I'm reading this right. However, under Ownership Law, acquiring property from a non-owner is usually restricted to personal property, so you really need to sit down with the Property Law and figure out if those rules apply to real estate too.
Unfortunately, I hate to be the bearer of bad news, but the outlook here isn't exactly bright. That said, if you don't trust your lawyer's take on this, go find a second opinion—or even a third. Don't just settle for one person's word when your interests are on the line.
At the end of the day, you definitely have the right to sue for damages, though I'm not sure if that offers much cold comfort right now.
nimblelynx7 nimblelynx7 Regular
336 messages
joined Jul 2016
#6 ·
Ugh, things are smelling pretty rotten here; there’s just an endless string of shady circumstances.
We're talking about a high-value property, so naturally, everyone is ready to pull whatever stunt they can.

The first red flag is the purchase itself. There is zero proof that these people actually received the 90% down payment, let alone the remaining 10% later. There are two ways this plays out:
1. Either those Mexicans got the cash and are now playing dumb because things back home aren't looking so bright, so they want to reclaim or flip the apartment.
2. Or, the Mexicans actually left the place in escrow, and some "colleague"—and honestly, with coworkers like that, you don't even need enemies—forged the signature on the sales contract. That’s straight-up criminal forgery, but apparently, nobody gives a damn. It's bizarre how easily she's dodging accountability for the whole mess involving real estate manipulation and document fraud.

The second red flag is your lawyer. (Advice: consult someone else or just fire him.) From where I'm sitting, he isn't acting in your interest at all; his legal advice is garbage. Are you absolutely certain he hasn't sold you out or isn't just trying to drag you into a lawsuit just to bleed you dry for more fees?

Unfortunately, instead of protecting you, the "rule of law" is just enabling the chaos. It looks like you're the only one who actually paid for this place in good faith.
Thomas Ortiz3 Thomas Ortiz3 Active Member
70 messages
joined May 2012
#7 ·
You spent seventeen years in non-possession, and only now has the period of adverse possession actually begun. I don't see the logic here; if the ten-year rule hasn't kicked in, then the statute of limitations hasn't run out either—though, mind you, this isn't my area of expertise. Suing the government? Suing a clerk? Just a collection of tall tales... good luck with that. 🤷
Brandon Hill8 Brandon Hill8 Active Member
57 messages
joined Apr 2011
#8 ·
Thomas Ortiz3 said:You spent seventeen years in non-possession, and only now has the period of adverse possession actually begun. I don't see the logic here; if the ten-year rule hasn't kicked in, then the statute of limitations hasn't run out either—though, mind you, this isn't my area of expertise. Suing the government? Suing a clerk? Just a collection of tall tales... good luck with that. 🤷

The issue is they’re still in possession, but it isn't lawful. Under the rules for acquiring title via extraordinary prescription, you’re looking at a 20-year requirement based on honest and truthful possession.

This is just one more classic example of the sheer arrogance, overreach, and total incompetence of our "legal" system. Honestly, these cases happen all too often. The European Court of Human Rights is probably salivating at the chance to hear stuff like this, but let's be real—that's cold comfort when you're already screwed.🙄
Laura Morris80 Laura Morris80 NewcomerOP
4 messages
joined Apr 2011
#9 ·
We met with a different lawyer this past Friday—one of those old-school types who really sticks by "his own" (which is what we need right now). He told us the fight is going to be long and exhausting, but he thinks it’ll work.

He brought his whole legal team in, and they’re seriously combing through every possible angle. They’ve already started taking steps. It means a lot to me that they're optimistic and ready to fight. Honestly, the two of us feel a little more relaxed now. They mentioned that getting damages from the sellers/forgers will probably be the last thing we see, mostly because they seem like total charity cases—we found out they've been represented by court-appointed pro bono lawyers in all their previous lawsuits.

Of course, we're still stressed, and I wish we could just settle everything right this second, but that's not happening anytime soon.

When I think back to when we were actually planning on selling it... 😢

To me, it feels like a setup, like they conspired to take our apartment. The timing of it all is just too perfect to be a coincidence. These people got a judgment saying the place was theirs in December '93, we bought it in May '94, then the Mexicans sued them in August '94, and they didn't admit to the forgery until 2003. No one ever tipped us off, almost as if everyone wanted to make sure we couldn't interfere in those disputes. Now, just as the statute of limitations for criminal prosecution has run out for everyone involved, we suddenly get a letter telling us we have to vacate.

I wonder, does it make sense to report them to the police? Maybe suggest they formed a conspiracy to steal our home and have been working at it this whole time. I mean, since we're still living in the apartment, maybe the crime is technically ongoing? Like, our eviction is the final step needed to complete their scheme. If so, maybe the statute of limitations hasn't kicked in yet. 🤷

Thanks for the comments and the support...
Joshua Martinez7 Joshua Martinez7 Member
15 messages
joined Apr 2011
#10 ·
If I were in their shoes, I’d be reporting those fraudsters in a heartbeat.

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