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Trustee failed to transfer deed - california

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Latest post Tue, May 23 2017 3:52 AM by Drew. 9 replies.
  • Sat, May 20 2017 1:07 AM

    • SW93304
      Consumer
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    Sad [:(] Trustee failed to transfer deed - california

    I am not sure where I need to post this so I thought I would post here first.I am disabled and on medi-cal and foodstamps. and no income.  I have been fighting to get disability for some time now and now that my boys are gone I have no help and my home was all I had. It was paid for so I had no mortgage payments. Just the property taxes.

    Oct 2010 my siblings (other beneficiaries) negotiated a buy out so that I can keep my mothers home.My son and I paid them 18000.00 as agreed and my sister (trustee of the living will) was suppose to transfer the deed into my name (Oct 2010) I was not aware that this was never done.  The property tax bill was being sent to her address every year and she would send it on to me and I paid the property taxes. I did not know then what I have recently learned about the deed never being in my name and since she failed her responsiblily to transfer the deed I have no power to stop what she did. She called May 3 and told me that she was going to sell my house if I didn't get the property taxes paid. Which I had fallen a year behind but I found someone who loaned me the money to get it paid and current. May 4 a man walks up to my mailbox and puts a handwritten note in and it said that he was the person my sister sold my home to. He is a realtor and when I called him he told me that the house was a short sale and escrow was ready to close. I have been trying to get legal assistance or find a lawyer who will help me pro bono since May 4 or at the very least to tell me what forms I need to file so I could do it pro per. I have been to GBLA twice and have called them and kern county legal assist. several times over these two weeks and they finally told me that they can not help me find legal help due to a conflict of interest. I was talking to a probate lawyer I found thru here and he said that at this point I would need to file a civil suite against my sister and a Tort suite against the realtor for his part in all this which I am filing a complaint against him as well with the California Buearu of Real Estate.  There was never a probate case filed because there was never a need for one or at least I never thought so. Now the new owner has been sending trucks full of workers over here and I have been able to call the sherriff to get them to leave but I believe the owner is starting eveiction proceedings.  I despartely need help and If there is any chance that I can get something done that can help me get my home back I want to try and if I have to sue my sister then so be it. She has not given me any money from the sale and from what I understand she is suppose to split the money with the beneficiaries. My other living siblings do not want to be involved in a suite but do confirm my buy out agreement and did recieve their part of the 18000.00  that I paid them in Oct 2010.

  • Sat, May 20 2017 12:37 PM In reply to

    Re: Trustee failed to transfer deed - california

    SW93304:
    She has not given me any money from the sale and from what I understand she is suppose to split the money with the beneficiaries.

    You cannot have it both ways:  you keeping the home and her selling it and giving you your share.  If you take your share of the money then you are acknowledging that the home was legally sold and you are no longer the owner.

    SW93304:
    Oct 2010 my siblings (other beneficiaries) negotiated a buy out so that I can keep my mothers home.My son and I paid them 18000.00 as agreed and my sister (trustee of the living will) was suppose to transfer the deed into my name (Oct 2010)

    Was ANY of this put in writing?

    SW93304:
    I have been trying to get legal assistance or find a lawyer who will help me pro bono since May 4 or at the very least to tell me what forms I need to file so I could do it pro per.

    This is a complicated legal issue and the chances of finding a lawyer to represent you pro bono is slim to none.  All you can do is keep calling law firms and see if one will be able to assist at low or no cost but absent that you need to start researching evertying on what you would need to file to stop this and move quickly.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sun, May 21 2017 5:39 AM In reply to

    • Drew
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    Re: Trustee failed to transfer deed - california

    Slim to none odds on a civil matter like this.

    Not clear what your deal with trustee required each to do...but you may have a solid case against trustee to deliver a clean deed ...get started like Monday 

    You might have some odds to claim tenant status for now and require supposed owner to do the full eviction  drill .

    Odds are you need paid legal help ...



  • Sun, May 21 2017 3:14 PM In reply to

    Re: Trustee failed to transfer deed - california

    SW93304:
    Oct 2010 my siblings (other beneficiaries) negotiated a buy out so that I can keep my mothers home.My son and I paid them 18000.00 as agreed and my sister (trustee of the living will) was suppose to transfer the deed into my name (Oct 2010)

    Did you, and your sister in her capacity as trustee, sign a written purchase-and-sale agreement/contract?  Real estate sales agreements must be in writing to be legally enforceable.

    If you both did sign a contract, do you have a copy of that contract?  What does it say about when ownership would transfer to you?

     

  • Sun, May 21 2017 3:19 PM In reply to

    • Drew
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    Re: Trustee failed to transfer deed - california

    WAs there a written agreement as to you needed to pay taxes....who wrote it , what did It Say? 



  • Sun, May 21 2017 3:49 PM In reply to

    Re: Trustee failed to transfer deed - california

    SW93304:
    my home was all I had. It was paid for so I had no mortgage payments.

    SW93304:
    May 4 a man walks up to my mailbox and puts a handwritten note in and it said that he was the person my sister sold my home to. He is a realtor and when I called him he told me that the house was a short sale and escrow was ready to close.

    Are you SURE your mother owned the home free and clear when she died?  Have you tried asking your sister (or any other sibling who you think might know) whether this man is correct that the home was a short sale, and if so, how it came to be mortgaged?

    Have you tried searching for the supposed sale of the home on realtor.com, zillow.com, or similar websites?  Because Kern County real estate is subject to a property-sales transfer tax, the county should have a record of each transaction and its sale price, but I didn't immediately find any such database online, and if the sale had not yet closed on May 4 then it may not show up yet in the government records anyway (it tends to take them longer to update information than the realtors).

  • Sun, May 21 2017 5:56 PM In reply to

    Re: Trustee failed to transfer deed - california

    SW93304:
    I despartely need help and If there is any chance that I can get something done that can help me get my home back I want to try and if I have to sue my sister then so be it.

    The California statute of limitations to enforce a contract is only 4 years - less if the contract was not in writing.  So if your agreement required your sister to transfer ownership of the home to you in 2010 then it seems pretty clear to me that you have waited too long to sue.  The problem is that even though you only recently noticed that she failed to do that, you easily could have found out at any time.  Either she was supposed to give you a copy and she didn't, or she was supposed to file the new deed in the public records, and you didn't try to find out from the county whether that was done.  Your 4 years to sue started whenever her contractual deadline to transfer the ownership expired.

    The fact that the tax bills kept coming to your sister should have been a huge red flag that she was still officially the owner.

  • Mon, May 22 2017 9:27 AM In reply to

    Re: Trustee failed to transfer deed - california

    SW93304:
    my siblings (other beneficiaries) negotiated a buy out so that I can keep my mothers home.

    You've started in the middle of a story.  Beneficiaries?  You haven't mentioned any trust.  Buy out of what?  Why would you keep your mother's home?  Why wouldn't she keep her own home?

     

    SW93304:
    my sister (trustee of the living will)

    "Living will" is a colloquialism for a power of attorney for healthcare matters.  In other words, it is a document by which Person A grants another Person B the authority to make medical and related decisions for Person A if Person A is unable to make the decisions him/herself.  There are no "trustees" of "living wills").

     

    SW93304:
    my sister (trustee of the living will) was suppose to transfer the deed into my name (Oct 2010) I was not aware that this was never done.

    You obviously had no reason to believe it WAS done.  You should have received a copy of the deed within a month after the transaction, but you knew that you had not received it, yet you apparently waited nearly seven years to do anything about it.

     

    SW93304:
     The property tax bill was being sent to her address every year and she would send it on to me and I paid the property taxes. I did not know then what I have recently learned about the deed never being in my name

    If you have been receiving and paying the property tax bill, then you knew the property wasn't in your name because the property tax bill obviously wasn't in your name.  If title had been transferred, then the tax bill would have been in your name.

    Beyond all that, it doesn't seem that you've asked a question, and no one on a message board is in any position to do anything other than respond to questions.

  • Mon, May 22 2017 2:15 PM In reply to

    • Drew
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    Re: Trustee failed to transfer deed - california

    Failure to keep on top of getting trustee to deliver deed may be as dumb as it gets....but I'm not sure you were on actual notice of her failure to perform until a good bit later ...tax bills that did not change over may not be " notice" ...but deeds are public records and you were super unwise not to follow up....you will need a lawyer in ca to comment on if you are too late  and your point is stale ...I. Suspect the trustee bungled a number of points as well  ...but absent some legal talent you simply have zero odds to squeeze a decent remedy out of her . 



  • Tue, May 23 2017 3:52 AM In reply to

    • Drew
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    • Joined on Thu, Mar 30 2000
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    Re: Trustee failed to transfer deed - california

    CA is a very tenant friendly state , and there is some arguement that you are a tenant of the trust until such time as trustee transfers deed to you .....at the very least, your probable tenant status could buy time against the supposed new owner to follow all the proper eviction steps .....IF you raise that fighting point in proper forum . You might get some free/low cost help from those who fight to protect residential tenants or even useful points from tenant advocate sites /groups .......but the big picture of nailing trustee to wall to deliver deed or $$ is going to require paid talent .  And if trustee has empty pockets it may be a hollow point to win . AT least per your version of story, trustee messed up big time .



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