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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Real Estate Law
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Experience:  Lawyer,Former Broker and Just Answer Legal Mentor
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My parents have their home on 1.5 acres and allowed my sister

Customer Question

My parents have their home on 1.5 acres and allowed my sister to build her a house on their property under the "grandfather clause" back in 1995, provided she pay the taxes every year on the whole property (which was mutually agreed and put on a notarized letter); they also put my sister on the property deed as well; just recently, they found out that she has not been paying the taxes for almost 2 years and now their monthly mortgage payment is $400 more per month added by the lender to pay the taxes; my parents can't afford that payment on just their social security checks. They want my sister to sign a quit claim deed to take herself off the deed and she refused, now my sister has moved out 2 months ago, to God knows where; my parents don't know what to do. How do they take my sister's name off their deed and can they try and rent the home my sister built on their property now that she has abandoned it?
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Attorney & Mediator replied 6 years ago.
1) Your parents cannot force a joint owner to remove themselves off the deed. The only option they have to separate the relationship would be to sue to force the sale of the entire property, which means to buy her out of her ownership. I doubt your parents would be able to do this.

The other option would be to sue your sister to enforce the agreement that she would be responsible for the taxes.

2) A property is not considered abandoned unless the owner specifically says they are abandoning the property or your parents obtain an adverse claim to her property. In California in order to claim adverse possession, your parents would have to adversely possess your sister's home for 15 years and then file a claim for adverse possession.

Options to consider:

1) Your parents buy out your sister's interest to the property in exchange to sign her name off the deed.

2) They obtain authorization from your sister in writing to permit them to lease her property.

3) Last option is to sue as stated in the beginning of my answer.



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JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.



My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.


Attorney & Mediator and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 6 years ago.
<p>If my parents end up having to foreclose on their property can the lender hold my sister part responcible on the loan even though her name is XXXXX XXXXX the loan but on the deed?</p>
Customer: replied 6 years ago.

If my parents end up having to foreclose of their property can the lender hold my sister part responcible on the loan even though her name is XXXXX XXXXX the loan but on the deed?

Expert:  Attorney & Mediator replied 6 years ago.
Thank you for your reply and accept.

If my parents end up having to foreclose of their property can the lender hold my sister part responsible on the loan even though her name is not on the loan but on the deed?

No, since her name is XXXXX XXXXX that legal document, the lender cannot take action against her. The mutual agreement was between your sister and your parents via a separate document. The lender is not a party to that agreement so they have no power to enforce it.


_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.



JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.



My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.


Attorney & Mediator and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 5 years ago.
ok, my sister has refused all responsibility of back pay of taxes but will not sign off the deed or sign anything to allow my parents in renting her property to pay for back taxes however, my parents have noticed my sister and some of her friends as well as her husband, literally removing anything of value, i. e.....granite tile, kitchen island, sinks, carpet, toilets and other material items attached to structure; Furthermore, the mortgage company have already started the beginning of foreclosure on 1 March. My question is: what can they do? they may want to even "quick sale" the property but are afraid the value if the property as a whole will be decreased because of the removal of amenities such as toilets, counters, carpets and other essential items have been removed. Please help!!!!,
Customer: replied 5 years ago.
what can my parents do?