Legal Question in Real Estate Law in California

Title

Hi my question is basically the situatin i have is my sister and i inherited a house for my father and mother. The situation is i used to be in the title and now i removed my self from title. I did this because oof the fact that i tjought my sister was going to refinance the house. Right now what my dad and mom wants to do is for my sister to give the property title back to my mom since she never refinance the loan so that she can take my dad and moms name off the loan. Right now my mother and dad are still the one that are on the loan but title is now only with my sister. Is there anything that i can do so she can be forced to either refinance the house or give the title back to my mother ? Also can she actually reort to the police that we are trespassing since title belongs toi her ?


Asked on 6/08/04, 10:46 pm

2 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: Title

The owners of the property can file a quiet title action (to determine who is the owner) or a partition action (to force a sale). You may have serious problems if there is nothing in writing showing who is suppose to own it. You should consult an attorney as soon as possible.

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Answered on 6/09/04, 12:15 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Title

Your question and description of the facts are very unclear, so I'm not really very sure what's happening here. For example, no one can inherit from people who are still living.

But, here's what I can dope out from this hodge-podge of facts. You and your sister expect to inherit a house from your mother and father sometime in the future. Perhaps they have life estates in the house. In any event, at one point both you and your sister were "on title" in some way, and you removed yourself (by quitclaim???) in order to facilitate a refinancing, perhaps because your sister's credit was better. She, however, failed to refinance and now is asserting full ownership.

What is not clear is how all these changes in title (record ownership) took place. It's rather important to know whether each change of record ownership was the result of a bona fide sale for fair value, or some kind of gift, or the result of fraud. Ownership changes without payment of a fair price raise numerous legal questions.

So, my guess is that your sister may be trying to take unfair advantage of someone, or several someones.

Your solution to avoid being defrauded is to see a local real-estate lawyer who practices in the county where the property is situated. Try to get an initial free consultation, and bring as much documentation as possible, including how the changes of record ownership took place, and anything that explains the "inheritance" or expected inheritance. Frankly, your facts are very jumbled.

Finally, I doubt that the police will or legally could become involved. Removing someone in possession of real estate generally requires a legal (court) action, such as a lawsuit for unlawful detainer or, in this case, more likely a suit for what is called "ejectment." The cops could move in to prevent the parties from slitting each other's throats, but making decisions as to which parties are entitled to possession of real property is way beyond police duties or authority.

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Answered on 6/09/04, 12:29 am


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