Can the deed to my home legally be transferred to my children without my permission?
Question Details: I was working with the local housing authority to gain participation into a special program that would allow me to re-mortgage my home at an exceptionally low rate. The qualification was an individual had to be 3 months behind on their mortgage. I was 2 months behind when my dead husband's lawyer called my daughter and said my home was going into foreclosure he never called me to ask what was going on. She contacted her 2 brothers, got a lawyer and put the deed in their name, which disqualified me from the program. They brought the payments up to date but I kept telling them to call the housing authority before they did all that. I never was asked to sign anything, but I'm still paying the mortgage, the utilities, etc. I really feel I was wronged and want my name back on the deed. I'm still being responsible for the house, so why should they own it?
No, YOUR property cannot be taken from you--i.e. a deed taken out of your name and put into someone else's name--without your permission. What they did is theft. You could sue to undue or void the transfer (get the deed back in your name) and also press charges against them. You need to retain an attorney to help you with this: you have rights, but it might not be easy for a nonlawyer to vindicate her rights (a lawsuit to void a property transfer is much more complicated than, say, a small claims suit.