Legal Question in Real Estate Law in California
Title co. Adversetitle recording deed
I have owned my prop since 1993 when my dad & i purchased. Upon his death w/out will prop vesting had to go thru courtw/letters of estate admin whereby i as sole & sep aquired by order of prob judge (1997) aquired 50% as sole & seperate (while married)having been passed thru decedant to heir and i ( while married ) w/ husband quikclaiming off aquired remaining 50% as married sole & sepearte (aka) i recoreded such so as to protect the inherited interest from my original ownership interest.
Upon my legal divorce proceedings wherein my husband placed a lis pendis on property claiming a community prop interest in that ''portion'' to be determined'' i sold that part of my interest in said property to my mother in a purchase contract served by a title co. Wherein i recieved no monies other than that $ amount which the parties instructed escrow to use to pay lis pendis & other claims to property & to pay title & escrow & my mother's loan broker & her ''real estate agent''....!!It has been 6 mo & the co will not accept a deed the escrow agent recorded because it does not reference the % xfered ''aka's''/entities my mother has been using this error 2 threaten. Upon advise co.Clerk i call escrow agent = rude threats. Pls help!
2 Answers from Attorneys
Re: Title co. Adversetitle recording deed
I cannot follow the facts of your question.
Re: Title co. Adversetitle recording deed
It sounds like a real title mess, and it sounds to me as though you're saying you are unable to record the most recent deed because the escrow company made mistakes or omissions so serious that the recorder is refusing to accept it for recording.
However, I may misunderstand because your facts are somewhat jumbled, probably because you were trying to squeeze too much information in too little space.
I might be able to assist if you can give me a much more detailed explanation of what happened, right from the beginning. For example, were you married at the time you and your father bought the property in 1993? What was the source of the money you contributed to the purchase? Has there ever been a loan against the property since 1993? If so, who made the payments while you were married? If either you or your husband made them, there is probably a small community-property interest due to the use of community funds to pay principal. And so on......
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