Legal Question in Real Estate Law in California

Re: Do we have any legal rights to the property?

It sounds as if your parents deeded the property to this guy, but he has not recorded the deed. as between them, he owns the property. However, if your parents have not been paid, and have paid part of the taxes, they can start foreclosure proceedings to either get back payments and interest, or take back the property.

Let me know if I can help.

Ken Koenen

925-924-0100

Re: Do we have any legal rights to the property?

Sounds to me as though your mother should first look into the possibility and economics of foreclosure on the second. There is no statute of limitations on a trustee's sale under a deed of trust even though suit on the underlying obligation (the note) may be time-barred. The statute of limitations may also affect adverse possession rights -- buy my guess from the facts given is that this is not an issue.

If the property still stands in your parents' name, foreclosure may not be the preferred route; instead, their best bet might be a quiet-title suit. The facts here are unusual, but unless there are some important facts not mentioned, I think your parents would have an excellent chance of recovering full and unquestioned ownership.

Please contact me to discuss the details at no obligation; I think I can help you.

Re: Do we have any legal rights to the property?

Something is screwy with your facts, as they do not make sense: if the buyer took out a loan in his own name which was secured by the property, the property would have had to be in his name--who would loan money to someone and take a security interest in a property that the borrower does not own? Something is missing here. Also, your mom should not pay the taxes unless she wants to keep the property. I would recommend that your parents take all the documents to a real estate lawyer to review and/or get a chain of title report to show the various encumbrances and liens on the property, which will give you a better picture of the ownership and history since they sold it.

Re: Do we have any legal rights to the property?

It is clear that the buyer never recorded the deed. Otherwise, the county recorder would say he owns the property. So, as between your parents and he, there was an agreement. Your parents can start foreclosure for his failure to pay. But, if there is a first deed, that lender may have priority over your parents and then your parents would have to pay any deficiencies to get the property back. Please hire a local lawyer to help you. Thanks for inquiring.

Re: Do we have any legal rights to the property?

this is one of those one in a million situations -- your facts raise more questions than answers. who occupies the property right now -- that is crucial as itis a factor which could control the case in terms of the game plan to protect your parents and their rights --- i am a real estate attorney practicing 30 years in the s.f./oakland bay area close to santa cruz and would very much like to discuss this case with you and your parents 925-945-6000 --- thanks in advance