North Fork, CA asked in Civil Litigation, Contracts, Estate Planning and Real Estate Law for California

Q: My mother and father signed a grant deed to our family home to me before mom died now my dad is trying to sell it

My parents were divorced and the house was moms. Father remarried another woman ten years ago . Hes claiming to be a widow his wife is alive and thats a lie. I am my mothers only child and rightful heir to her estate . My because my mom signed my grant deed to transfer my home to me and I found all this out when I tried to go record my documents and seen the sale my dads trying to do is in preliminary stages not processed yet and honestly I up until now didnt think that i had to record it immediately I never thought my dad would do this to me.

What do I do to stop it

2 Lawyer Answers
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
PREMIUM
Answered
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: Was your grant deed ever filed with the County Recorder? If your deed is valid, then you need to have it recorded in order to show the world that you have clear title, and that your father does not.

When the title company goes to complete any transaction that your father makes, they will see that he is not the actual owner of the house. If you never file your deed, then it is still valid but you are then in a law suit with the new owners who bought in good faith based on your negligence.

Get to the County Recorder on Monday and pay the $20 to file. Then go talk to your dad.

Nina Whitehurst agrees with this answer

1 user found this answer helpful

Kenneth Sisco
Kenneth Sisco
PREMIUM
Answered
  • Norco, CA
  • Licensed in California

A: I agree with the other answers to this question, but want to emphasize the urgency of your taking action. You MUST immediately, formally and legally put the prospective buyers on "Notice" that there is a dispute over the property. If you don't, and the transaction closes, your only recourse will be against your father, who may very well take the money and run.

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