Legal Question in Real Estate Law in California

Re: buying a house contract.

Did you have a lawyer working for you examine the deed and the loan papers before closing? If so, you should see that attorney.

If you don't have a lawyer who is familiar with the papers, you may need one soon. In the meantime, here are some pointers. (1) Make the payments by check, writing the purpose of the payment in the memo space every month, e.g. "loan payment for 123 Main St., June 2001." (2) Make the loan and tax payments on time. You can lose the home if you don't. It won't happen instantly but once you start getting in the hole it gets tougher and tougher to catch up. (3) Treat the mortgage man very gently. He can decide whether to cut you some slack or start foreclosure at the drop of a hat. (4) Check with the county tax collector and see if the taxes were paid, and if so, how much.

The loan agreement probably requires the borrowers to pay the property taxes, and failure to pay is sufficient to declare a default and begin foreclosure.

If you are purchasers, the process of eviction must be preceded by foreclosure. Foreclosure requires that the owner/borrower be served with a Notice of Default. You might also be entitled to receive a copy of the Notice of Default, because it sounds like you are a co-borrower and co-owner, but you might not receive the notice if you have moved.

If either of you receives a Notice of Default or a summons of any kind, see a lawyer right away. Also see a lawyer if anything resembling an eviction notice or notice to quit shows up.

Finally, I don't know how close you and your brother are, or what kind of a deal you have as co-purchasers, but note that you are quite likely liable for the taxes and mortgage payments along with your brother.