Legal Question in Real Estate Law in California

Re: Title and a Loan

Tom, how does someone else take you off title? That's about like someone else changing your name for you! I suppose there are ways someone can be removed from title involuntarily, and without a court action, but at the moment I can't think of any.

Perhaps you weren't on title, but merely someone expecting to be on title in the future, say by inheritance or as a trust beneficiary. Someone can take you out of their will or revocable trust before they pass away, but in those cases you never were on title, but rather, just hoping to be on title.

Being an owner of property by being "on title" and owing money to a lender by being "on the loan" are pretty much independent of each other. You can owe without own, and own without owe. So, whatever happened to cause you to lose title probably had no effect on your status as a borrower. Of course, in California, in many cases the lender is required to go after the collateral first, i.e., foreclose, before going after the borrower for damages for breach of the promise to repay the note. There are exceptions, but ordinarily your main risk is to your credit rating, not your pocketbook, if circumstances suggest you should just stop paying for someone else to own a house.

This whole situation is complex enough and requires asking several additional questions to fill factual voids, so I can't give you a bottom-line answer to your question or other questions you might have asked, such as how do I get my property back?

I invite you to send me, directly and off LawGuru, a more complete set of facts, and maybe I can give you better advice, also free, of course.

Th