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Q: Am I obligated to repay $60K after buying a house from my father?
I bought a house from my father, which was in foreclosure, with a loan of $362,000. We paid off the $300,000 mortgage, and $62,000 went into my father's account; he agreed to wire $45,000 to us for renovations. My father signed the wire transfer form at the closing but retained $17,000. He now claims to not remember the agreement and wants to take us to court to pay back the $60,000. The deed is recorded, and all paperwork was signed by a notary. We used the renovation funds on the house. There was no legal advice due to the family nature of the transaction, and the foreclosure was resolved. We haven't received legal notifications, only informal threats from family. If he sues, what can I expect legally, and am I obligated to repay the $60,000?
A:
From what you’ve described, it sounds like the home purchase was completed legally and properly documented, which means ownership is secure in your name. The money your father received at closing was part of the agreed transaction, and unless there was a separate, written agreement stating that you would repay him, you are not automatically obligated to return the $60,000. Since the funds were disbursed through the closing process and recorded by the title company and notary, the transaction is presumed to be final and legitimate. His claim of “not remembering” the agreement is unlikely to carry legal weight unless he can produce documentation showing that the money was intended as a loan rather than proceeds from the sale.
If your father were to take you to court, he would have the burden of proving that the $60,000 was a loan and not part of the sale proceeds. In your defense, you could show the closing documents, wire transfer form, and evidence that you used the money for renovations as originally agreed. The fact that the transaction resolved the foreclosure and all paperwork was notarized strengthens your position. Family agreements made verbally or informally can be difficult to enforce without written proof, especially when the sale has already been finalized and recorded.
To protect yourself, keep copies of all the closing documents, communications about the funds, and any records showing how you spent the renovation money. If he does sue, you can present this evidence to show that the money was part of the house purchase and not a debt owed. While family disputes over money can become emotional, the legal process will focus on documentation and intent. Based on what you’ve shared, it seems unlikely that you would be required to repay the $60,000 unless he can prove a clear loan agreement existed.
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