Legal Question in Real Estate Law in California

Re: leans on property

The first thing I should point out is that the lien affecting the farmhouse also affects the parcel of land it sits on, and anything else that's included in the deed of trust.

Next, the question arises as to whether there are two separate, legal parcels here, each about 3 acres, or perhaps you are attempting to do an illegal subdivision. I'm concerned because, among other things, you don't mention which parcel the farmhouse is on, yours or his. If there is only one legal parcel, and the county hasn't approved a lot split under the Subdivision Map Act, your deal with your brother-in-law may be void. Note that land subject to an encumbrance like a mortgage or deed of trust cannot be subdivided without the participation of the lienholder.

On the other hand, in addition to saying you each have three acres, you also say "our co-owned farmland." These are incompatible concepts. You can't both "each own three acres" and be co-owners at the same time. Which is it?

I'd be happy to sort this out with you and give you a useful answer if you re-ask your question on LawGuru, or contact me directly. Among the facts I'd need are (1) the status of the parcels; (2) whether the deed conveys a part interest in the whole six acres or a 100% interest in three acres; (3) whose parcel is the farmhouse on; (4) how much of the six acres is encumbered by the loan; and (5) why is title still in his name?. The answers to these five questions might raise additional questions.

Re: leans on property

Unless your name is on title, it is not your land, and you don't 'avoid the bank'. You'd better record the deed putting you on title, and you'd better start negotiating with the foreclosing lender to sort this out, through legal counsel. Feel free to contact me if serious about doing so.

Re: leans on property

Your question raises a host of legal issues, some of which may include compliance with the Subdivision Map Act, violations of the Fraudulent Conveyances Act and the First in Time First in Right Rule.

You need to hire a lawyer immediately to review the trasfer and to draft the proper paperwork and to make the proper recordations with the County Recorder. Otherwise the transaction could be deemed unenforceable or be set aside.

Re: leans on property

Without your name on the deed, then you have no enforceable interest. Have your brother transfer the property properly and document your investment in the property. Did you pay full value for it?