Legal Question in Real Estate Law in California
Party will not leave after quit claim off property
A home was refinanced and one of the owners quit claimed off and received consideration for all their interest in home. Quit claim was recorded with county. The party refuses to leave the home and still believes that they are owed more money. Party was original owner and refused to pay their portion of the mortgage and subsequently went bankrupt. Party did not re-affirm debt and home was refinanced to remove party off the title. Said party is belligerent to the owners and tells owners they can move. Can the party be removed from the home through the eviction process. Their is no written or verbal agreement for rent. A token rent is paid on a sporadic basis by the party. If eviction is not the process, how can the party be removed. It is untenable for current owners to continue with this tenant in the home.
3 Answers from Attorneys
Re: Party will not leave after quit claim off property
Yes you can do unlawful detainer, starting with a Notice to Quit. They can oppose it claiming an interest in property. The alternative is to file a quiet title but I would do the unlawful detainer based on what I know so far.
JOEL SELIK
Attorney at Law
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Re: Party will not leave after quit claim off property
After a 30 day notice to leave eviction proceedings may begin. Call me directly at (619) 222-3504.
Re: Party will not leave after quit claim off property
I have a case that I am working on just like this. You sue for unlawful detainer and they likely cross-complain for partition and quiet title claiming title to the property. Sometimes the best solution is to sell the property. You may contact me.
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