Legal Question in Real Estate Law in California
Do I need an Attorney
In 2004 I bought a home with my mother as joint tenants--name removed--In 2007 I refinanced the home into just my name and my mother signed nothing--name removed--I requested a quit claim deed to remove her, but title said she was not vested--name removed--Several weeks after this loan closed I received a new Deed, Note, TIL and RTC with a request that I sign it and return it to the lender in order for the loan to be sold--name removed--I followed the instructions--name removed--In 2008 I lost my job and stopped making payment--name removed--I have found out that the refinance is not recorded and my mother is still showing as vested--name removed--I want to protect her credit and assets, from the foreclosure--name removed--Can the new Lender go after her--name removed--Also, can they even record the grant deed which does not follow the chain of title--name removed--Can they foreclose without a recorded deed--name removed--Do I have any recourse against the RESPA violation, which had me sign loan documents with different terms after my loan was already funded and closed--name removed--I know it's long, but please help.
1 Answer from Attorneys
Re: Do I need an Attorney
Nothing you will be told here is going to be of any help to you, other than 'hire an attorney'. No one is going to take the time to fully research what happened and review your documents and give you a legal opinion on your options until they are hired to do so. Even if they did, what would you do with their advice or opinion? You would then hire an attorney to file suit. You may or may not have claims against everybody involved in this. You and your attorney need to figure out what happened, and what can be done through a lawsuit, which is the only recourse you have now. It may require seeking emergency court orders if appropriate to stop the foreclosure temporarily. If this is in SoCal, and you're serious about getting counsel, feel free to contact me.
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