Legal Question in Wills and Trusts in California
Related to house property, how and which party should we sure?
We owned a house, but when we tried to do re-finance, then we figured out from county record, the house was not under our name any more. There was a neighbor who had divorced and thus make a house transfer (from hustand to wife) on their own property, but their Escrow company made a mistake to put wrong address on the document for the county. The county said that we had to find the that neighbor and the Escrow company, and we don't have right to correct it.
Under such case, can we sue them? If yes, sue the neighbor or the Escrow company?
Appreciate for anyone's help!
3 Answers from Attorneys
Start with the escrow company. They should be able to clear it up for you. If not, get back to us, there are legal options, but having the escrow company fix it would be MUCH better, quicker and cheaper.
I suggest you contact the title company who issued the title policy when you purchased the house. Depending on the policy you obtained, they make take care of the problem for you by finding the proper parties and getting a corrective deed executed and recorded.
I disagree with Mr. Rimer. Your title policy when you purchased the property has nothing to do with an error caused by your neighbor's escrow or title company. See if they can fix it, and if not, you will need to file a lawsuit to quiet title and probably for slander of title as well. I strongly urge you to get a competent real estate attorney to assist you.
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