Legal Question in Real Estate Law in California

I have a question and it's a bit lengthy if you could please bear with me. I just want to get a better understanding on what to do with my issue. My grandmother owned 2 properties in Manila. She has 3 kids. My uncle is single still living, but staying in mental hospital in Manila, my father, married, passed away 1998, and my aunt married, residing in US, but now in a vegitative state since 2001. Sad as it may sound, I found out a copy of deed fo sale of house and lot for those 2 properties. On the deed of sale, my grandmother put my name as one of the owner of her properties, but this information was concealed from me by my father and my aunt when they were still alive and healthy. I was told by my relatives the deed of sale was never registered and they couldn't find the original copy of the deed of sale that's why they did the extrajudicial settlement which shows now I"m no longer one of the owners of the property, but an heir only to my dad.
I would like to ask your honest opinion if this is true since the deed of sale was never registered and no original copy they cannot use the deed of sale and instead prepared the extra judicial settlement agreement. Is this Deed of sale valid? What am I entitled to? So sorry I have too many questions, but if you can please help shed light on this.

Asked on 8/15/13, 3:20 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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First, I'd have to ask you whether the "Manila" you're speaking of is the capital of the Philippines or the little town in Humboldt County, California. If, as I strongly suspect, it's the Philippine capital city, I'd suggest you contact a consular office in, perhaps, Los Angeles, and obtain the names, street and Web addresses and telephone numbers of two or three attorneys near you who are also licensed to practice in the Philippines. I'd guess that you may have a pretty good case, based on fraud, under California law, but I don't know whether the law of the Philippines would treat your set of facts in the same way. Also, there may be other facts that would change the outcome, but which would only come to light when all the parties (or their lawyers) appeared in court before a judge.

Answered on 8/15/13, 3:35 pm

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