Legal Question in Real Estate Law in California
Hi... I have a question my mother in law is on the title of the house she is living at but not on the loan the gentleman living with her is the only person on the loan and he is also on the title of course along with her. He decided to leave everything behind he did do a chapter 13 bk on the house so what can she do as far as selling the house because she has invested in the house as well? An agent is telling her to file a quit claim but how do you do that when you need the other party to sign in front of a notary republic we can not find him or get a hold of him he changed his number and address and left some of his belongings behind. So what is the best solution because there is still equity in the house whats owed to the bank is low 200's and the value of the house is mid 300's? So my question is what can be done if the individual on the loan basically abandoned the house but you still have one of the individuals on the title still at the house is there anything they can do to sell the house still? All advice is greatly appreciated...
3 Answers from Attorneys
Stay away from a real estate agent that gives such bad advice. They are scam artists and will soon try to steal from you.
If they are both on title and cannot agree, the only solution is what is known as a partition lawsuit. There is no such thing as abandonment of real property.
I agree that you should run from that real estate agent. Unfortunately there is no simple solution to your situation. I doubt a partition action is needed,but the Ch 13 is a serious complication. Without reviewing the status of the Ch 13 and how that affects the property, there is no way even to begin to answer your question. You will need to consult an attorney in person on this.
Fire that real estate agent. At most, don't listen to them.
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