Legal Question in Real Estate Law in California
How Do They Get Away With It?
I went to the Registrar's Office to buy a copy of my Title to my property.The original was destroyed in a fire.
First they searched by address, resulting with a total stranger's name was on record. They suggested to do a history search. We did this and it showed that change of ownership had happen twice recently.
Since my name was nowhere on their data system, they told me to telephone the fraud dept.I did this and they took my contact information and said that they only investigate a matter when there is a multitude of complaints submitted for the same individuals.
I never reconveyed my property nor did I sign it over to anyone.
No one has Power Of Attorney/Conservatorship over me.
Property was paid for and no past due taxes were owed.
These people have started to build Condo'd on my property.
The police told me that there is nothing they can do. They said this was a civil matter and I needed to find a civil attorney.
I've contacted several attornies, bar associations. All they have told me is my problem is too complex and they wish the best.
What do I do next?
6 Answers from Attorneys
Re: How Do They Get Away With It?
I'd take that case. Give me a call.
Re: How Do They Get Away With It?
From the information given, we can legally help you with your land ownership issue. We would need more additional facts however. Contact us directly for a free phone consultation ASAP this week before your rights are further compromised and/or lost.
Re: How Do They Get Away With It?
Depending on how long ago it was, you might contact the broker who helped you buy the property and maybe the escrow company has records of your transaction. You might also have to go to court to quiet title. If you do that, your lawyer will file a "lis pendens" and seek an injunction, which will stop any activity on the property until the title matter is cleared up. Act immediately by visiting with a knowledgeable real estate attorney.
Re: How Do They Get Away With It?
i have practiced real property law in the bay area for over 30 yers and have been quite sucessful -- woithout any guarantee call me for a free phone consultation -- this will not be able to solve the problem but i can tell more of what needs to be done and give you an estimate or the cost to you -- i do not know where joshua tree is located but i know the law is the same there as it is here -- what i can tell you is you do need a good attorney and this will take some period of time to get all sorted out
Re: How Do They Get Away With It?
There are a number of things that may have happened here. I have had other clients in similar situations. One possibility is that you may have signed a contract that used the property as security for a loan. Another possibility is that you may have had some work done on the property and one of the contractors may have filed a lawsuit to take title on the property through foreclosure to get payment for an unpaid mechanic's lien. It would be helpful to know if you recognize the name of either of the two new owners.
The one thing I can tell you, which is the same message given by the other attorneys, is that you need to contact an attorney immediately. You will also want to make sure that you keep all documents you used to purchase your property, including a copy of the title report you received at the time (assuming you bought title insurance), the grant deed you got at the time, and any trust deeds you have signed since then (showing the property being used as security for loans). You should also have someone run a new title report for the property, and also look for any judgments against you.
You are welcome to contact me, and I would be happy to discuss the case further.
Re: How Do They Get Away With It?
I cannot imagine that the problem is too complex for any real estate litigator who knows what he/she is doing. If your property was taken from you without your knowledge and/or due to fraud, then you have remedies.
The situation itself may be complicated, and a thorough review of underlying documents will be necessary. You will need to locate a competent real estate litigator familiar with title and transfer issues. We are litigators with a practice that emphasizes, among other things, title related litigation. If/when you are ready to proceed, please feel free to email or call. We do not charge for consultation.
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