Legal Question in Real Estate Law in California

my cousin purchased a house cash but later on didn't have money for the bills so a so called "friend" took her to his relative who is a works at a notary and told her to put his wife on the grand deed with her and he would take care of the bills for as long as needed and when she sold the house she would pay him out of that. Well my cousin is basically illiterate and she basically just signed over the house to them without knowing it. Is there anything she can do to get her house back. She was on drugs at the time and recently got out of rehabilitation. He says she needs to pay him $40,000 to get her house back when he hasn't put nearly that into it, plus he is receiving rent from tenants HE rented the house to. Is there anything she can do


Asked on 7/24/12, 5:20 pm

2 Answers from Attorneys

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

Interesting that a "basically illiterate" person could buy a house for cash. The new co-owner is "on title" not "on the grand (grant) deed, but I get what you're trying to say. Unfortunate that all the dealings between your cousin and the relative's wife (or whomever) seem to be oral, rather than in writing, except for the deed transaction itself -- it would be most helpful if there were some written evidence of the scam. However, it is still possible that your cousin may be able to prove her case in court. I recommend that your cousin and you try to find a sympathetic lawyer who will overlook some of the shortcomings in your case and see whether the lawyer thinks a suit to "quiet title" or to void the new deed could be successful. The major problem will be to prove the facts based upon limited to no written evidence of what happened.

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Answered on 7/24/12, 9:17 pm
Terry A. Nelson Nelson & Lawless

Of course she can 'do' things. That means she has gotten herself into a situation where she must sue for fraud and breach of contract and to 'quiet title', among other things. I hope she has evidence and proof of what she claims. If she is serious about pursuing this, have her contact me to discuss the facts and her remedies.

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Answered on 7/25/12, 11:09 am


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