Legal Question in Real Estate Law in California
legal rights of heirs once a property has been sold
My father acquired a property through a Sheriffs Auction. The property had been part of an estate of a convicted felon. Before the felon went to prison he quit claimed the property to his wife, who has since died. The felon also lost a civil case and a $750,000 judgment was given to the plaintiff. My father acquired the property for $90,000 and that went to the plaintiff (property was free and clear). My father went to the property and told the people living in the property that he was the new owner and they rejected that and told him he was only a 25% owner. The felon and his wife had 3 children who believe they have some rights to this property. I know a little about real estate, nothing about probate or civil cases and can't imagine what law could protect these people. There was no lis pendens filed or any other indication that his heirs would be entitled to a part of the property. Sorry this is so complicated, can you give me any grounds that they might have??
5 Answers from Attorneys
Re: legal rights of heirs once a property has been sold
He can evict them, even as partial owner. He can then file a quiet title action to clarify his ownership or wait until the children challenge his ownership.
JOEL SELIK
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Re: legal rights of heirs once a property has been sold
Basically with a sheriff's deed you own the property subject to liens and encumbrances relating to the property. You would need a title report from a reputable title company to see what the liens and encumbrances are. A sheriff's deed transfers the property to you. You have the right to of that the people on the property and you have the right to quiet title to the property subject to the sheriff Steve and your purchase of the same. What I say you I don't mean you personally. If you cannot understand the basics of the sheriff Steve and what your rights are you definitely need an attorney who is expertise in real estate law/probate to aid you in your quest to secure clear title, or as clear as possible as well as possession of the premises.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
Re: legal rights of heirs once a property has been sold
this is much too complex to answer here. You need an attorney in the area to help you.
Re: legal rights of heirs once a property has been sold
It appears complicated but it can be unraveled. They may have no interest. Have your dad contact me or an attorney within county of property to look at all involved and to get it all cleared up.
Re: legal rights of heirs once a property has been sold
Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.
Did you get title insurance?
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