Legal Question in Real Estate Law in California

Re: Death of Joint Tenant

Simply because the property is under one person's name doesn't conclusively mean that that person is the sole owner. Your mother has an interest in the property. Our firm has several real estate cases like this. In addition, I run a mortgage and real estate company. Give us a call. (The call is free.)

Re: Death of Joint Tenant

As you probably understand, this is a rather ticklish situation and must be dealt with carefully and professionally.

One of the key issues that your question doesn't address, perhaps because you don't know, is how and whether this house is dealt with in the boyfriend's will. If he left his interest (if any) to your mother, it becomes relatively unimportant whether the joint tenancy was severed or not. On the other hand, you may have an heir who will be clamoring for his or her half interest (or if boyfried died intestate, someone under the rules of succession will perhaps be pressing a claim, asking to be bought out, or filing a partition and/or quiet title suit.

Remember that deed ownership or record ownership on the one hand is a separate concept from being the borrower of record on a note secured by deed of trust. The two are not necessarily connected. It is possible to be an owner without being a borrower and vice-versa.

Finance companies do not like to tamper with financing instruments after the loan is made and the instruments recorded, because to do so would require (usually) re-recording and along with that comes a possible loss of priority -- what was once a first mortgage could fall into second or third position.

Your biggest issue here is probably going to be the validity question re the deed severing the joint tenancy. I am inclined to think the lot-number mistake may not be fatal, especially if the instrument has the parties' names correct, has some other identifying info such as a street address or an assessor parcel number, etc. -- courts are very much inclined to allow deed errors to be corrected when necessary to prevent an injustice (and, not carrying out boyfriend's intent would probably be an "injustice").

On the other hand, there are several legal doctrines that favor your mother. One is that she would probably be entitled to reimbursement, perhaps with interest, for the mortgage payments she has made, and perhaps for some or all of the tax deductions boyfriend took.

Finally, there may be evidence of a contract between the two which would be breached by the deed severing the joint tenancy, or which otherwise affects your mother's rights.

I have other clients in the Sacramento area and beyond, and travel to or through the area frequently; I'd be willing to stop by and give you a free initial consultation on site.