Legal Question in Real Estate Law in California

I wanna know if I could stop a foreclosure on my house. When my uncle I live with, took a loan against it. He was the administrator of the estate of my grandmother/his mother. I'm part owner of the house (30%) after the probate was over, but he took a loan out on the house without me, my signature, or my approval and haven't paid the loan in a while. Now the house is in default. Do I have any right?


Asked on 3/31/10, 1:38 pm

2 Answers from Attorneys

IF your uncle did this loan without any illegalities, and IF you are on record title to the house for your 30% interest, and IF the loan was placed after the probate, you have nothing to worry about. If it was after you were on title and he did nothing illegal, then the loan only affects his interest in the property. If the bank forecloses, instead of you and he owning it, you and the bank will own it. IF he placed the loan before title passed to you out of probate, you need an attorney to get involved immediately. That would be a serious breach of his fiduciary duties, and you are at risk of losing your inheritance to the bank. Only an attorney can help you try to stop that.

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Answered on 4/05/10, 2:00 pm
Ken Koenen, LLM Law Office of Ken Koenen

There may also be a title insurance policy guaranteeing title to the bank. You need to determine when the loan was taken out and if he had a right to do so.

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Answered on 4/05/10, 4:37 pm


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