Legal Question in Real Estate Law in California

Grant Deed
I am living in a mobile home that is legally owned by my sister. Can she issue a ''Grant Deed'' to me that is legal in California? Will the mortgage company (out of state) be able to delete or turn down this deed, or do they have anything to do with it? Do we have to have their permission to transfer the mobile to us? Right now, I am paying all the bills, insurance, fees, taxes, and mortgage for the home for over six years. My sister was supposed to be only a co-signer, but the mortgagor did not put my name on it. I do not want to go through a lot of problems just to put the home under our names.

Asked on 12/08/05, 5:05 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

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Re: Grant Deed

To transfer ownership to a mobile home, you need to use a special form issued by the Department of Housing. There are actually two types of ownership of a mobile home: title ownership and registered ownership, just like on a car. But, there is a potential problem with transferring registered ownership; by doing so you may invoke a due on sale clause in the mortgage, thereby giving the mortgage company the right to foreclose. I may be able to assist you in transferring registered ownership without causing the due on sale clause to be implemented. You definitely need to protect your rights here.

Answered on 12/09/05, 4:10 pm

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