Legal Question in Real Estate Law in California

It might be O.K. once in a while to buy real estate sight unseen, but rarely if ever would I recommend buying property without being sure you are receiving insurable title. I would also question the legitimacy of the broker. Did you verify that he/she is licensed and in good standing? Do you know anything about the seller? Did you pay cash? Have you received a copy of the deed back from the recorder showing recording? Who does the assessor and/or tax collector now show as the owner?

If there is someone currently in possession of property you think you bought, and that person has only been there a year, you probably will have to bring some kind of lawsuit to obtain possession and perhaps quiet title. Maybe a simple unlawful detainer, but maybe a full-blown quiet title suit.

You need to determine the legal and equitable basis of the other guy's possession and then evaluate the necessary action to remove him and perhaps clear your title. This would probably start with striking up a working relationship with a local title company and real estate lawyer.

Did you escrow the purchase through a title company and obtain title insurance? If so, you should immediately make a claim against your title insurance policy.

If he has a deed that is un-recorded, then you have a problem that will probably end up in a lawsuit. First, you have to know what the truth is, and what the documents show. You should promptly hire an attorney to help you sort this out with the tenant, broker, escrow, title company, etc., and see if it can be resolved without suit. If not, then he can handle that properly. If serious about doing this right, feel free to contact me.