Legal Question in Real Estate Law in California
Real Estate law
My brother and I own my parents house (it is in a trust and they both passed away) I'm the only one one the loan and he has been living there for 10 months now with out paying any payments.
The home is being forclosed on . How can i get him out ? The bank says they will do a loan modification for me to keep it but i don't want to if he is still on the deed . (there will be no equity in the house) nothing to split.
1 Answer from Attorneys
Re: Real Estate law
It depends upon a number of factors, such as who the trustee(s) of the trust is/are, what the dispositive provisions of the trust say, and why the property has not been distributed to whomever the trust says it is to be distributed to, among others.
You need to take a copy of the trust and deed transferring the property into the trust to an attorney in your area and discuss your situation.
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