Legal Question in Real Estate Law in California

How do we remove our name from Title on a house we surrendered in Bankruptcy? The lender is slow to foreclose (over a year) and we are still receiving tax, insurance and code enforcement notices. Will a quit-claim suffice?


Asked on 8/31/10, 9:06 am

2 Answers from Attorneys

You cannot just deed away property. You say you surrendered it in bankruptcy, but if you did that you should no longer own it. You need to find out from your bankruptcy attorney what is really going on with title to the property.

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Answered on 9/05/10, 2:25 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Another approach is to question the person who acted as trustee in your bankruptcy. You can't deed the property away without (a) being able to insert the name of the grantee in the blank provided for that purpose, and (b) delivering the deed to the grantee or the grantee's agent.

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Answered on 9/05/10, 9:23 pm


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