Legal Question in Real Estate Law in California

My Mother gave her Mobile Home to my brother and I. Somewhere a long the way it was put in my brother's name. My brother had this girl come over to do him a favor (if you know what I mean) and she never left, two yrs. later. My brother suddenly dies and my mother dies 16 days later. At my brothers service this girl tells a family member that she now owns the MH. She's bragging and showing the title. She now has a unlawful detainer judgment against me. The Judge did not want to hear what I had to say, the signature on the title was not my Mother's. I tried to show the Judge and explain to him what had happened, he didn't read my complaint or look at all the proof I had or look at the signatures and the date on these documents. The last document that the Dept of housing and Community Development had and they faxed me "2" copies of a Multi-Purpose transfer form one dated 8/20/13 with my brother and this girls signature. The other form was dated 11/08/13 with only my brother's name. The Judge did not even consider. I'm absolutely beside myself, this girl was homeless before she move in. I have no pace to go, I lived there with my Mother for 14 years. The day my brother died she cleaned out his room took everything of my brothers and all of my Mother's important papers. Can anyone please help me. I need help so, so much. My Mother worked all those years and this person came in and took my Mother's MH. This is not right. I'm desperate, please help me.


Asked on 8/09/14, 11:58 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Not to rub salt in a wound, but you already had your day in court and lost. It might have been a different outcome if you had been properly represented by an attorney. Maybe not.

The only thing possibly remaining would be a lawsuit to clear title and make your claim to Partition, but I fear it is probably too late to do that, both as to a statute of limitations problem, and as to the unlawful detainer already covering some or all of the ownership issues, plus it would cost you more in attorney fees and court costs than it would be worth to recover only your share in an old mobile home. There is nothing anyone can do to restore documents and property already disposed of.

Sorry to bear unpleasant news.

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Answered on 8/11/14, 3:17 pm


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