Legal Question in Real Estate Law in California

recently moved in with a nephew as a co-borrower into his home since he hadn't been at his job long enough to quality for a loan on his own. he lost his job on monday, and i'm concerned about the integrity of my credit being ruined if he doesn't qualify for unemployment; we would lose the house.

it looks like it will be a while now until he can refinance and get my name off the mortgage and i can move out like i originally planned (i was aiming for december). on top of that, i recently signed a quit claim deed on the house, about 2 months ago.

it was framed in such a way that made it appear that they were papers that i forgot to sign when i originally moved in. i later found out his motives were different, so i'm not sure if signing that endangered me even more. at this point i want nothing more than to be removed from the mortgage to avoid further legal hassles. what are his rights and my rights that way i am not caught off guard at an unsuspecting moment? if i were still on the deed for the house, i would have attempted to sue him for the house and sell it to avoid further endangering the situation in terms of foreclosing.


Asked on 7/25/12, 10:02 pm

3 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The problem right now is that although you are not on title, you signed a promissory note and a deed of trust securing payment of that promissory note. The bank isn't going to take you off loan documents without refinancing, or their consent.

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Answered on 7/26/12, 11:20 am
Gary R. White Burton & White

Classic case of trying to close the barn door after the horse is gone.

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Answered on 7/26/12, 1:42 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. Roach is correct as far as he goes. The deeper problem is that your nephew is at best untrustworthy and very possibly has either defrauded you or induced you to join him in a fraud on the lender (with respect to the quitclaim). Right now, looks like you have all the financial responsibility and none of the ownership. I can see this headed for court -- maybe not immediately, but eventually.

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Answered on 7/26/12, 3:14 pm


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