Legal Question in Real Estate Law in California

We are at a loss. I have contacted one laywer (who wasn't helpful), and I am just so confused. Can someone please help us!? Here is some background info. My fiancÚ's father (Roy Abell Jr) took a 260,000.00 dollar loan on the house Ralph (My fiancÚ) owns in 2006. The house was given to Ralph in 2001 from his grandma via a quick claim deed in the amount of 10.00 dollars. We now (after making another 800 miles round trip) have obtained copies of the paper work. All of the liens, and breach of lien fee's are added to the house Ralph's owns... BUT everyone of then is in Roy's name. Is there anything we can do to remove these loans we didn't do??... Can we sue te companies and lawyers who allowed this to happen?? The paper even list a title search, when you look up the document it list, it is the quick claim deed for Ralph. Nothing in Roy's name.

The house is Ely, NV

We live in Sacramento, CA

Asked on 7/09/13, 2:50 pm

3 Answers from Attorneys

William Christian Rodi Pollock

Contact a Nevada title company and get a preliminary title policy or equivalent. This will show the present form of title and all leins recorded. Then see a Nevada real estate attorney. He or she will go through the leins or other exceptions and advise you as to their impact.

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Answered on 7/09/13, 2:59 pm

Timothy McCormick Libris Solutions - Dispute Resolution Services

This is a question for a NV lawyer.

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Answered on 7/09/13, 3:06 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'm not a Nevada lawyer, but I know a lot of people in Ely, having lived in Ruth (where my family owned two houses) plus an office building in East Ely, from which I ran the Northern Nevada Railroad for a couple of years. Don't recall anyone named Abell, but can't be sure.

Currently, I'm a California lawyer, and not sure whether I could assist you if matters required a lawsuit ...... it might depend upon where a defendant could be found, or where it was headquartered. If you need an attorney in Ely, I'd recommend Gary D. Fairman at P. O. Box 5, if he's still practicing.

Is it possible that the deed from Grandma wasn't recorded in White Pine County? If grandma passed away before the deed was recorded, that could result in lack of proper notice of Ralph's ownership, and it would appear that Roy inherited the house.

Also, how the heck is a house in Ely gonna be worth enough to get a $260K loan on it?

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Answered on 7/09/13, 3:26 pm

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