Legal Question in Real Estate Law in California

It doesn't seem like my question is being understood so I'll ask it another way: My husband owns a home in West Covina, CA. He is on the title and loan. Currently his parents and brother live in the home and pay us rent. We want to sell the home to his parents so that we are no longer responsible for the home and loan. Every time we don't do something they want they just don't pay the rent. We have lost thousands in savings over the years. The parents broker gave them 2 options to buying the home 1. Traditional sell by owner 2. Grant deed and refiance to assume the loan. They have now only agreed to option 2 or eviction. We are concerned with option 2. Broker said we must add them to title first.We are worried they will be added to the title then back out before refi is finished then they will be on the title and we will be stuck with the loan. It sounds crazy but his parents would love to be on the title but us responsible for loan because that's how they control their son. If this situation came to pass what would our options be? Default on loan?


Asked on 2/09/17, 12:45 pm

1 Answer from Attorneys

Your further information doesn't change the answer. If they don't like it and don't pay rent, give them a 3-day notice to pay rent or quit, and if they don't pay, file an unlawful detainer action and evict them. As for the options, I don't know what kind of broker they have but they are simply full of BS. What you are talking about doing makes no sense in terms of how real estate transactions should be handled. Why is the parents' broker giving them ANY options? You own the house. You are the seller. You set the terms, not some broker who isn't even your broker. No way to tell if it is intentional or ineptitude, but the broker is trying to screw you. The simple answer is your Option #2 is not only crazy; it's illegal. It is a breach of your loan agreement and deed of trust with your current lender. It would allow the lender to call the loan and foreclose, even if you are current on payments. It is illegal and grounds for foreclosure to deed away the property without paying off the loan at the same time. The only way to do this properly and safely to protect your interests is to enter into a contract for sale, with an agreed price, open an escrow, have your inlaws obtain a loan, your husband signs a grant deed at the escrow company, and when the new loan funds, the current loan is paid off, the grant deed is recorded, a new deed of trust is recorded between your inlaws and their new lender, and your current lender reconveys the existing deed of trust. Presuming your inlaws are paying at least some cash down in excess of your current loan balance, the escrow company will cut you a check for the difference. End of deal.

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Answered on 2/09/17, 1:02 pm


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