Legal Question in Real Estate Law in California

Re: Is this legal

No.

Re: Is this legal

No, absolutely not. A person who is 'on title' can be removed only with that person's consent or by a Court judgment after trial. It is also highly doubtful that any lender who attempt to put a "mortgage" (actually a Deed of Trust, in California) without the written signatures of all those on title.

You definitely need competent legal counsel to advise you. Please email if you would like a free initial consultation to evaluate the facts and merits of your case -- email [email protected] --

Good luck.

Re: Is this legal

No. The ownership of real property is a totally separate concept from the financing.

It is technically and legally possible for someone who is a part owner of real property to mortgage, or to subject to a note and deed of trust, their part interest. Thus, a joint tenant or tenant in common can borrow against his or her separate interest and give a mortgage or note and deed of trust using their part interest as the collateral. However, in the real world this rarely happens, except maybe where the lender is a complete novice (or complete idiot), or where the lender and the borrower are colluding in some kind of scam. The reason is that partial interests in real property aren't very marketable, and hence make lousy collateral. Can you imagine anyone bidding on a half interest in a house at a foreclosure sale where the other half owner was going to remain in place?