Legal Question in Real Estate Law in California

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?

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

2 Answers from Attorneys

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

I had to read your question several times to figure out the capacities and actions of the various parties. It's still not clear to me what your mother is asking in her lawsuit against you, nor why or how title to the property is not held as joint tenants.

Also, if you are a defendant in a lawsuit initiated by your mother, who is represented by a lawyer, are you represented as well? You should at least be familiar with the laws protecting the elderly against financial abuse and allowing accelerated court proceedings in some cases and situations.

It isn't the borrower who forecloses, it's the lender. I assume you mean "I'll allow a foreclosure to occur against me (or us?)" rather than "I'll foreclose."

While I don't have any information about the first suit, I see no reason why a suit for partition couldn't be filed and run concurrently with the existing suit. The court might consolidate them for efficiency.

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Answered on 11/04/13, 3:47 pm

Anthony Roach Law Office of Anthony A. Roach

I can't understand what you stated at all. You can't foreclose if you are not the lender.

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Answered on 11/05/13, 7:32 am

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