Legal Question in Real Estate Law in California
My Wife and I are trying to do a cash out refi on our home. Now the issue(s) are first that my wifes brother inherited the property from there great grandma via trust. the grandmother passed away in 2010 . her brother chose to quitclaim the property to my wife(his sister) about 3 years ago.,he had no interest in keeping the house ,in fact he never made a single mortgage payment, the title company says that they now need a signed affidavit from my wifes brother. He has no interest in helping us with this matter. we are trying to clear the title wich is still in the grandmothers name ,we pay the mortgage in her name every month. The title company says there is a cloud on this title and the only way to clear title is 1. a signed affidavit from my wifes brother or 2. seek a title attorney we are in the middle of escrow and have hit a road block. what do you suggest we do? also the county records show my wife as the owner of the property.
3 Answers from Attorneys
Do what they told you. If you can't get the executed document they require, engage a real estate attorney to determine what the title issue is and how it might be cleared. Your other option is to get another title company ( though you will have to get the lender to approve such a change) .
You need to get to an attorney who can help you get the title issues, and there appears to be more than one, cleared up, before you will be able to complete the loan process. You are wasting your time doing anything else.
You may need to merely get certain documents or have title changed. An attorney would need to see the documents and correspondence along with the trust documents. I can not say if this is a quick fix or not. If you have questions feel free to call at 818 345 0123. We have handled these issues before
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