Legal Question in Real Estate Law in California

Re: Use my name to obtain property

More facts are necessary in order to evaluate your situation. Is the client on title to property which she shouldn't own? Did someone else convey the property to her? If there is fraud involved, and someone else may be the true owner, you must be careful.

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Re: Use my name to obtain property

This whole situation is so highly improbable that I can only say whoever touches it should do a thorough investigation of the facts. Persons committing fraud don't usually "walk away" from the target property when there is substantial equity. There are either important facts missing here or the facts given are inaccurate.

Well, to give a partial answer, I should start by saying that unless you are properly licensed as a real estate professional, or an attorney acting for a client, you can't become involved in selling someone else's real property.

Whether the apparent owner can sell the house is a question that would require researching the quality of title she holds, as well as looking for tax problems and other liens. There are likely unpaid property taxes as well as unpaid mortgage payments. Who signed the tenant leases as landlord? Were security deposits collected? Are there possible adverse claimants to title, or partial title? Who is collecting the rent? Was a policy of title insurance issued? To whom?

Someone must have made a down-payment on this property. Under purchase-money resulting trust principles, that person, not the person on record title, is equitable owner (and thus entitled to be placed on title upon demand).

So, I wouldn't try selling the house until a lot of legal investigation is done, and perhaps a suit to quiet title (which this apparent owner might very well lose to someone with a stronger claim to title).

Re: Use my name to obtain property

I would not do it without court supervision or a settlement of all the intersted parties. It sounds like selling the property and keeping the profits (or equity) will most likely result in a windfall to your client, which means she could be accused of committing fraud, if she is not careful.

Re: Use my name to obtain property

can you spell "fraud?" if the facts are as you say, you will place yourself in the position of being a party to a fraud. something more is going on here that you would do well to investigate or simply avoid.

people don't just give away things of great value. trust your instincts. it smells bad.