Legal Question in Real Estate Law in California
i have been living in a condo in Chino Ca i moved in 9 years ago as a renter one week after move in the first notice of default was posted outside door i immediately made my then landlord the notice she said she would take care of it well lets just say the property was going into foreclosure on 4 different occasions. We helped her out to save the property out of foreclosures because we had just came out of living in a motel for over 11 months so we paid about $10.000 in fees so about 6 months went by and our land lady suggested to us that she wouldn't be able to pay us back so she quit claimed the property to us in August of 2003. anyhow before the quit claimed was ever recorded we tried to purchase it first put it through escrow that was when we found out that the property was in out land lord's name and another persons name. it's a long story anyhow after 4 1/2 years of living here the other owner appeared and has sued us in court mind you we lost the judge said that our land lord had no business quit clam nothing since she was not he loan holder so we are being forced to leave is there anyway we can bring charges against out former land lord for fraud forgery and him too for lying etc.. we have so many pieces of evidence a brief case full and they have nothing please give me advice as to how we can save our home
2 Answers from Attorneys
You can report the matter to the police, but the District Attorney is given the discretion in California to decide whether or not to file charges. Private parties cannot file criminal charges against each other in California.
You can sue her in a civil action for fraud, but your claim would be subject to a three year statute of limitations that began to run when you discovered the fraud, or a reasonable person would have discovered the fraud.
The quitclaim deed makes little promise as far a title is concerned. She gave you what interest she had (none). There was no new consideration for the deed. She gave the quitclaim because you had paid $10K in the past. The grantor makes no promises or warranties to defend the title in a quitclaim deed, and a quitclaim deed does not guarantee that the grantor is legally considered the owner of the property. I don't see much as far as an action against landlord (previous owner).
Have you been paying a mortgage for the past 4 years? Rent? Other than $10K, have you paid anything to acquire ownership? Did you contact owner to try to purchase? If you have been living in condo for free, I suggest you try to buy the home from current owner. Great market for purchase. I could try to negotiate a deal for you.
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