Legal Question in Real Estate Law in California
Real Property Lien
4 1/2 years ago my father gave my husband and myself $60,000 for the down payment on our house, he moved in with us 6 months later. My father was on title to the house with us. The down payment was my inheritance and was never to be repaid or talked about. With my father living with us there was constant fighting and every time my dad got mad he would say ''this is my house'' or ''give me my money back'' . Last February 2006 we had a very big arguement with dad and he left for the weekend. When he came back we told him we were refinancing and removing him from title to the house so he needed to sign whatever papers were necessary to do that, he agreed and we refinanced removing him from title. He no longer lives with us due to all the fighting and arguing and now he is saying he needs money so he is going to put a lien on the property. Again, there was never anything in writing stating we would ever repay the $60,000 and he willfully signed on the refinance paperwork which was a year ago.
Does he have any right to put a lien on the property?
3 Answers from Attorneys
Re: Real Property Lien
The only two types of lien he may be able to "put" on the property are: (1) a judgment lien, or (2) what is known as a "Notice of Pending Action." In order to obtain the first type of lien, he will have to sue you and obtain a money judgment against you. However, if he sues you and claims that title to the property is at issue, he and/or his attorney can record a Notice of Pending Action.
Re: Real Property Lien
I have to say that I am somewhat sympathetic to dad here. First of all, there is no requirement that a parent leave a child an "inheritance", and there is no such thing as an inheritance in advance of death, and there are far too many children who take advantage of their parents and then abandon them when the parents need money. Dad would have a very good claim to an interest in the house, but for the "refinance"; if he willingly gave up title at the time, he may have difficulty establishing an interest in your house. That said, all he has to do is file suit alleging a claim and he can put a "lis pendens" on your house pending a determination of the suit. It may be that dad gave you the down payment in reliance upon his belief that you would let him live in the house and take care of him, and if so, he may have a good chance of prevailng if he can avail himself of the elder abuse statues which make taking financial advantage of a senior civilly actionable. If he were my father, I would give him the money back and get a release.
Re: Real Property Lien
How do you remove someone from title without their consent and without filing a lawsuit? Did you use whiteout on the deed? I think your dad is the winner in this case...
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