Q: my grandma notarized+delivered a quit claim deed to me. She passed away owing mortgage. I recorded deed after. Update
Updated details: The property in question is in California. Two years ago my grandmother transferred her interest in her home to me with a quit claim deed that we notarized and exchanged. Recently, she passed away. She owed $100,000 left on her $499,000 mortgage. I recorded the quitclaim deed after her passing due to her daughter not notifying anyone else that she had passed away, and secretly initiated probate instead. She didn't even have a funeral. This is same daughter that she did not want taking claim of the house (hence notarizing my deed in 2019). This daughter has posted the property listing as for sale online. But, I already have full legal rights of the property since I filed my deed. I am needing any advice or tips, but also, how do I tell the judge that I am already the owner? I have no idea how any of this works. Please help ASAP as this is a very time sensitive matter. I appreciate any and all assistance and advice!
A:
Under California law, recording the quitclaim deed effectively transfers the ownership interest in the property to you. However, the mortgage still remains an obligation on the property, and you could potentially be responsible for the outstanding mortgage amount. If the deed was validly executed and delivered, and you have subsequently recorded it, you have a strong claim of ownership.
It's imperative to promptly respond to any probate proceedings. Present your recorded deed and any supporting documents to the court to establish your claim of ownership. If the property is listed for sale, consider notifying potential buyers about your claim to prevent sales. It is crucial to consult with a local probate or real estate attorney to protect your rights and interests. Time is of the essence, so act quickly.
Nina Whitehurst agrees with this answer
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A: I agree with Mr. Arrasmith and would add that you should provide a copy of the recorded deed to the listing agent and the listing broker to put them on notice that they might be illegally marketing the property.
1 user found this answer helpful
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