Legal Question in Real Estate Law in California

are we legally a new owners?

I and my husband bought our house in 08/1993. the house's title and mortgage are under my brother's name. Now, i want my brother to transfer the property back to i and my husband, but he first wants us to pay off the mortgage, which we did, now he refuses to sign a grant deed. so we used the grant deed that my real estate broker had created in 1993 to transfer the property from my brother to us to record it with the county. it already recorded 2 weeks ago. So by this moment, i would like to know are we legally, offically the real owner of our property? thank you very much for your answer.


Asked on 5/27/07, 9:42 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: are we legally a new owners?

Nope. You're not in the chain of title. Your brother has to convey it to you. If he doesn't do so, you might have to go to court to quiet title.

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Answered on 5/27/07, 9:59 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: are we legally a new owners?

This is a bizarre set of circumstances, and I do not agree with Mr. Cohen's answer if the facts you give can be given a reasonable interpretation. You may indeed be the owners under at least two different legal theories. Questions need to be asked and answered, however:

The first serious question respects the grant deed the real estate broker created in 1993. If it is in proper form, validly executed (and notarized), and on its face appears to grant your brother's title to you, the fact that it was recorded 14 years after it was executed may not be a serious defect to its validity, but it does raise questions.

A second area of inquiry would be the circumstances that caused title to be taken in your brother's name in 8/93 if indeed you and your husband "bought" the house. What do you mean by "bought?" Buying a house usually means paying the down payment, taking the mortgage in your names, and being on recorded title. When none of this, or not all of this, happens, a serious question arises as to whether you bought, or the other person bought, perhaps with you holding some right, in the future, to become the record owner, upon your doing or paying something.

Who paid the down payment? This may turn out to be the overriding critical factor here. Putting up the cash before closing frequently is decisive as to who owns the property, even if the cash down payment is only a fraction of the purchase price.

This type of title dispute is a specialty of mine, and if you can provide me (through direct contact) with more details, I can give you a (free) further analysis.

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Answered on 5/28/07, 12:40 am


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