Legal Question in Real Estate Law in California

Two unmarried people own a home as tenants in common in California. There is one lender after a refinance.

After 5 years, I vacated the property but retain 1/2 ownership. The other person remains on the property and makes the full payment of the mortgage as "rent".

After another 5 years, I moved to another state, WV. Second person falls on hardship and looses the property to foreclosure. Shortly after the second person died of natural causes.

I was not contacted by the Mortgage company at any point before or during the foreclosure. After the second person's death I received a letter regarding an after foreclosure audit that needed signatures.


Asked on 7/15/14, 8:08 am

2 Answers from Attorneys

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

The question that occurs to me is "What is the purpose of the audit?" It's unlikely that the (former) lender can legally seek any shortfall after foreclosure. Is it possible that the foreclosure resulted in a surplus that should be distributed to the co-owner or heirs? If it's just some attempt by the lender to verify its own books and records, I'd probably tell them sorry, I don't know enough about this deal any more to confirm or deny the correctness of your records. In any event, I can't give you clearer advice without more information as to what the lender wants you to sign.

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Answered on 7/15/14, 8:26 am
Anthony Roach Law Office of Anthony A. Roach

I don't know what your question is. I can tell you that assuming that the remaining tenant in common was your tenant is erroneous, as a tenancy in common has nothing to do with a landlord tenant relationship. One tenant in common does not owe rent to the other tenants in common for owning the property.

I also do not know why you raise the issue of not getting notice. If you moved and did not update your address or request special notice, that would have been your fault and not the lender or foreclosing trustee.

California law allows the use of mortgages, but what you refer to as a mortgage was most likely a deed of trust.

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Answered on 7/15/14, 4:04 pm


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