Legal Question in Civil Litigation in California

Re: Court Ordered Sale--Responsiblities & Legalities are or could?

And your question is???

If the attorneys are not handling it the way you think they should, then get new attorneys to present the facts and evidence you have. There are procedures to do so. You remain silent, you lose your right to complain. If you need counsel to help you do this, and it is in SoCal courts, feel free to contact me.

Re: Court Ordered Sale--Responsiblities & Legalities are or could?

Since all three appear to have an interest in the property it would be best to have all sign the documents so as to reduce arguments as to the validity of the sale or disputes as to how much the property should be sold for. [how did one obtain a loan on the property without being on title; is she claiming anything beyond the loan being paid off?]. Technically, the recorded owner may actually be the only seller as being the only person who would appear on the title report as the owner. The drawback to the other two is that if they are listed as sellers the State will withhold from them 3.3% of the sales price to cover potential taxes, the would be equally liable for the costs of the sale, etc. So if they will not agree to be "sellers" they should be asked to sign agreement accepting the validity of the sale and its terms.

Since this is a court ordered sale, the court itself might require such a written agreement. But the Court should be informed of the true nature of the situation. Why has that not occurred. Assuming she has an actual ownership interest in the property, it sounds as though it is either her separate property or community property with first husband and second ex has no legal interest in it ad forged quit claim deed irrelevant. What are the attorneys saying as to why information kept from the Court and your two questions. If the can not answer then they should not be handling the case. Of what advantage is it to you to not tel the Court; it could backfire in the future so if you are a innocent party then may be in your best interests to make situation public to the court and buyer of property.

Re: Court Ordered Sale--Responsiblities & Legalities are or could?

From the facts you have presented, there may be only one "seller", the party on title. The "mortgagee" (beneficiary on a trust deed) has a lien on the property, but would not be a "seller" by virtue of that. As to the party who gets a portion of the sales proceeds, you do not say what his contractual arrangement is that entitles him to that portion. Unless he has title to a portion of the property (whether or not recorded), he is not a "seller", but may just have a contractual right to a portion of the proceeds once the property is sold.

What is your part in this transaction? Are you one of the possible "sellers"?, or are you the buyer? Or do you have some other interest. In each instance, there are things you may have to do to protect your interest.

If you have current counsel, you should address your concerns to him or her. Otherwise, feel free to call us.