Legal Question in Real Estate Law in California

Re: Removing our name from a mortgage

You probably have a legal claim; however, there is too much information missing from your question to attempt to provide any real answer. You need to have an attorney (someone local to where you live, which is not indicated) look at the paperwork and sort this out given the seriousness of this situation. Don't wait. There is a strong possibility that you've already waited too long under the law. All of the answers you need are dependent upon the specific and detailed facts of your case.

Re: Removing our name from a mortgage

It is very likely that you were the victim of fraud. In any event, your case is probably very complicated.

We handle cases like yours. Feel free to contact me to discuss your options.

Re: Removing our name from a mortgage

In addition to what the two other attorneys wrote, check to see what the approximate value of the house is [you might want to get the house back since it would have appreciated a fair amount up until a few months ago], go to the County Recorder's Office and make a copy of all of the documents filed as to the house starting from when you thought you had sold it so the lawyer can review it and determine if land sale contract [you keep the title and give "buyer" a loan and when paid off they get the title] or deed of trust [they give you a lump sum of money and get the title at the same time], as the remedies are different [first you can declare a breach of contract and use the property as being yours, 2nd you have to go through judicial foreclosure]. Who has been paying the taxes, who gets the assessment notices, if you think you might want the house back speak to the lender to see what the situation is, file a request with the Recorder for notice of any foreclosure action against the property.