Legal Question in Real Estate Law in California
Released 1/6 share of property to my sister with out knowing what i signed
My does not speak good english, but he accidentally in 1992 signed his over his 1/6 share of a property. The initial reason of the signing was for a refinance of the property but was some how conned to siging his share over to a sister. Recently we learned that my aunt was selling the property. To my fathers best knowledge he did not agree on signing over his share. He did not recieve any payoff of that share. We did get a hold of the grand deed showing that he sign his share over but to his best knowledge he would not agreed with that if he had fully understood what was going on. My father thought it was a simple refinance on the property
1 Answer from Attorneys
Re: Released 1/6 share of property to my sister with out knowing what i signed
There are some facts still missing for anyone to correctly answer your question. What is your aunt's versin of the story? What reason exists for your father to sign over the 1/6th protion? Did he own anyother part of the property? Who paid the mortgage? Any witnesses to the signing? Was it done iformally or before a title insurance officer in escrow? What exactly does the transfer document say?
Since your Aunt has a document clearly signed by your father, he is going to have to show that the document does not mean what it says or that he wa under a mistake as to what it did say and why tha occurred. It will be difficult to do that. How much money is involved? When is the sale of the proprety going to occur?
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