I have quit claimed my house to my son. Since he is working in a bank I thought he could get a good deal on a refinancing..
After I put the house under his name, he refused to refinance and now want to keep the house.
The mortgage is still under my name and I am paying it.
I need to know what my options to get my house back, if any. If possible I need representation in the Los Angeles area. Thank you.
4 Answers from Attorneys
You have a problem. What you are basically saying is that the transfer to your son was to defraud a creditor into believing that he had title, when he was not really going to have title at all. There is a general rule presumption that a deed is absolute on its face, and there are presumptions in favor of "delivery" if the deed was recorded. There are exceptions to these presumptions, but you had better have some good evidence in writing.
You may have a case of elder financial abuse, depending on how old you are. Contact your local elder protective services department or district attorney.
Have your son deed it back to you.
What makes you think you have a right to get it back?? You signed over the title to him, it is his now. That is a common event in families. If he doesn't cooperate, your only hope would be to sue him for some combination of breach of written agreement and/or fraud and unjust enrichment, if you can prove that. Sounds like you don't have a written agreement to sue on.
If serious about hiring counsel to help you in this, feel free to contact me.
Related Questions & Answers
I am currently on unemployment after being laid off. My unemployment benefits... Asked 8/07/13, 9:32 am in United States California General Civil Litigation
In Unlimited Civil cases, I know that when an entire case is dismissed, the court... Asked 8/06/13, 4:45 pm in United States California General Civil Litigation
I bought a business over a year ago that involved a lease assignment. My business... Asked 8/03/13, 6:45 pm in United States California General Civil Litigation
I have a rental property( Townhome) The next door occupant is the Hoa Collector for... Asked 8/03/13, 1:24 pm in United States California General Civil Litigation
Is a parent responsible for an adult child's debt for medical expenses? Asked 7/30/13, 4:51 pm in United States California General Civil Litigation