Legal Question in Real Estate Law in California

The lender may not want you on the loan, but they should be less concerned with you being on the deed. However, if you are exposed to creditor claims because of your other mortgage issues, putting your name on title to this new home may be a bad idea.

Assuming he takes title in his name alone, he CAN execute a deed which grants the home to both of you at any time after closing. This will probably breach the agreement with the lender, but as long as the bills are paid the lender is not likely to care. In the event of such a breach, the lender may (check the loan terms to know for sure) be entitled to demand payment in full of the outstanding balance. Again, if the payments are made this is not likely.

As for protecting your investment, you could have him sign a promissory note or any other document which substantiates the fact that the money was not a gift from you to him.

While your questions may seem simple, they are not. I have given you some general guidance but ALL OF IT is subject to revision after a review of all relevant facts. In other words, to really get advice you can rely on, you need a consultation with an attorney. There is no other way. If you rely on the information I'm now posting, which was provided in the context of the limited information you provided (and without the benefit of asking you dozens of questions about other details), you run the risk of serious problems.

Good luck

Good luck.