California  |  Real Estate Law

Legal Question

Asked on: 11/04/13, 12:56 pm

I own half of a property in Fallbrook, California. The other owner is my 88 years old Mother. She is being manipulated by her Brother (my Uncle) to get me to deed back my half share of the title making her sole owner.

In 2010 I took a loan, HELOC, against the property and never missed a payment to this day. The property was the collateral for the loan, which she and my, now deceased, Father signed 3 years ago. A lawsuit was ushered in by my Mother less then a month later his death. It's now been a year. I'm using the HELOC as leverage, telling them I'll foreclose if the title is not put back to joint tenants. I offered to live with her and be a caretaker and pay all necessary costs.

About 2 weeks ago there lawyer threatened to file a Partition suit. I'm wondering if a partition suit and the other suit be concurrent?

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