She made a verbal agreement with her to live there and take care of her. She has not done anything to help, been very verbally abusive, and now her and her new boyfriend want to evict her. My mom has made all the payments for the last 20 years. Neither of them have ever even worked more than a side job under the table. Can she get her house back?
Concerned, we need to know - was there a deed that was recorded, or was this entire "transaction" verbal only?
I don't know about the state in which the OP's mother lives, but verbal agreements aren't binding in some states.
I think though that this is a question for an attorney with real estate background, or an elder law attorney with that same background.
Presumably your mother conveyed title based on certain representations and assumptions (care for her by the daughter) which weren't carried out. That might be interpreted as "consideration" in lieu of money. There might be an breach of that consideration.
But that's speculative and would need to be addressed by an attorney skilled in that area.
Is there any documentation that accompanied this transaction? Any caregiver agreement? Anything in writing besides the Quit Claim Deed (I assume your mother didn't execute a Warranty Deed).
Are any payments being made on the house now?
There's another issue beyond the misrepresentation and that's elder abuse. I would contact APS or the local police (and possibly an elder law attorney as well) to determine if they can offer advice.
It might be possible to get a temporary injunction (TRO - temporary restraining order) preventing the daughter and BF from evicting your mother.
That behavior is disgusting and disgraceful.
And if the daughter isn't making payments, the house will soon be subject to foreclosure, so she'll lose it.