Legal Question in Real Estate Law in California

My sister married in 1999. Husband owned a house in his name and his 1st wife's name. Sister was never on title. She was co-borrower on 2nd mortgage taken a few years later. They divorced in 2004 and divorce decree required he refinance the loan in his name only. He didn't. He re-married and he and wife #3 live in house. He died 2 months ago and mortgages are in default. Lender on the 2nd is harrassing my sister demanding payment. Is there anything she can do? This is in California, if it makes a difference.

Thanks.


Asked on 5/07/11, 2:10 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

She is liable under the loan. She needs to determine if the house is worth more than the loans. She may have a claim as to some of the equity in the house in that the private, personal property that is the house may have been comingled with community funds and she did put in her own funds. She needs to speak to an attorney who does real property and probate work to discuss the facts and what they mean legally.

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Answered on 5/07/11, 6:36 pm


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