Legal Question in Real Estate Law in California

hello i have an upcoming civil court date, i am half owner of a condo in chino ca, i obtained the property through a quitclaim from a friend back in 2003. i first moved in as a month to month renter up until the first,second, third and fourth notice of trustee sales were posted up.
the other original owner became aware that the property still was saved when he got it through his divorce settlement and is now fighting the quitclaim and has threatened, harassed and demanded money does he have any rights since he has quitclaim his half to my friend as well

Asked on 7/23/10, 8:59 pm

3 Answers from Attorneys

Doug Michie Michie Law Firm

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If he quitclaimed his interest in the property to your friend, he no longer has an ownership interest in the property. This is the case unless 1) it was his primary residence or 2) your friend used fraud or coersion to get the quitclaim deed.

www.michielawfirm.com

Answered on 7/24/10, 8:03 am

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Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Your question contains several inconsistent statements and omissions of needed facts. First, why were you renting if you were the owner, or even a half owner, and to whom were you paying rent? Second, if there have been several notices of trustee sale, isn't it likely there's now been a foreclosure by trustee sale so that a third party now owns the condo? Also, who has been paying the property taxes? Who is named as the borrower or borrowers on the loan that may have been foreclosed? What are the relative dates (sequence) of the quitclaims, the divorce, etc, mentioned? What is the upcoming court date about - case management, trial, or what? Have you been sued and if so, have you filed and served an answer or other responsive pleading? Do you have an attorney, or are you representing yourself?

Answered on 7/24/10, 9:26 am

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