Legal Question in Real Estate Law in California
My daughter in - law and her sister was left a house when their father passed away about six years ago.Her sister moved in by herself. She was making the payment on an existing loan of less then $100,000.00. The value of the house was over $1000,000.00. The sister refinaced when the price of housing was on the rise. She is now losing the house as she can't make the higher payment. My daughter in-law is not on the loan and her name was removed fron the deed. Can my daughter in-law be held responsible to the loan company?
2 Answers from Attorneys
I don't understand this question. If your daughter in law is not on title and not on the loan, how could she be responsible for the debt? But also I don't understand why she is not on title and not on the loan. If she and her sister were left the house together, did she just give her half to her sister? Was she bought out? I ask this because if she wasn't bought out and didn't make a gift of her half to her sister, then she is still on the deed and may be on the loan. So I can't really give you any reliable advice until you check your facts and make sure you have correctly described the situation.
I agree with Mr. McCormick. Your facts are inconsistent with one another, or with what is likely to have happened in the real world. Fortunately, it is relatively easy and cheap to get accurate facts as to most of these matters by making a trip to the County Recorder's office, along with the parcel number or other information needed to identify the property, There should be on file records showing all changes in ownership, all loans and encumbrances, and any notice of default on a loan affecting the property. With this information, you, or your daughter-in-law, or a lawyer working for her, can figure out what's in fact going on. I might add that it's probably a good idea for someone to investigate what's happened to title (ownership) of this property since the father's death because the facts, as presented, do suggest the possibility of fraud or major mistake over the ownership.