Legal Question in Real Estate Law in California

Re: Ownership of real property

I guess you are saying that your grandson says you gave the property to him and he is suing you, right? Why try to avoid the attorney; if he is trying to serve you, let him and then get your own attorney and defend the suit.

Re: Ownership of real property

There are many ways to avoid an attorney. For example, you could pretend you're not home. If you are being sued, maybe you should hire your own attorney.

Re: Ownership of real property

I think you meant you cannot "afford" an attorney, rather than avoid an attorney. Unfortunately, there's no easy answer other than to try to mediate the case before you have to answer the complaint. It necessary that you file the appropriate response with the court within 30 days of your having been served. Otherwise, your grandson's attorney will take your default, obtain a judgment against you and, perhaps, declare that your grandson is the owner. Feel free to contact me directly to discuss this some more.

Re: Ownership of real property

Have you been served with a summons and complaint? If so, you have 30 days to serve and file a responsive pleading, usually an answer.

If this is a "quiet title" lawsuit, your grandson will not be able to get a default judgment awarding the property to him against your recorded title unless he goes into court and presents convincing evidence of his superior title to the judge. In other words, obtaining a default judgment is more difficult in a quiet title suit than in most other kinds of lawsuit. Nevertheless, if you just sit on your duff and let matters take their course, this young whippersnapper may prevail and you'll lose the property - but not necessarily the mortgage, which would add insult to injury, but that's another story.

If you have been served, I would be willing to look at the papers and give you a more specific suggestion, and perhaps - no promise - I'd be willing to take on the defense of your ownership with low affordable up-front fees with a balance due if and when we successfully defend your title. If you are interested in this offer, please get the summons and complaint to me by FAX or e-mail ASAP so we don't miss the response deadline. Be sure the papers show the parcel number.