Mortgage

Inherited House with a Mortgage. Can the Lender Make me Refinance?

Due on Sale Clause Inapplicable Based on Death No. If you inherit a property, or a fractional interest in real estate, there is generally no need to contact the lender to negotiate or otherwise ask for approval to keep paying the loan each month. The commonly believed issue is that the transfer to heirs of … Read More

Tricks to Remove Co-Owner from House Title

Tricks to Remove Co-Owner from House Title

The law allows any co-owner to remove another co-owner on the property title with or without their agreement through a quiet title action, or partition action, and by a deed with agreement. By Agreement – A Deed from the Co-Owner While it may seem obvious, a co-owner can be removed from the title to the … Read More

Can One Co-Owner Take Out a Loan on a Jointly Owned Property?

Co-ownership disagreements can easily boil over when multiple parties own real property, especially when one party has taken out loans without the consent of their co-owner(s). The remaining co-owners want to be sure that their equity in the property is still available to them even if their co-owner has encumbrances on the property, including mortgages, … Read More

Do I Name a Lender in a Partition Action

Do I Name a Lender in a Partition Action?

Deciding who to name in a partition complaint can be daunting for litigants and partition attorneys. California Code of Civil Procedure 872.510 provides as follows: “The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of … Read More

CCP 873.850 Continuance of action between parties if proceeds not allocated; determination Talkov Law

Code of Civil Procedure 873.850 – Continuance of Action Between Parties if Proceeds Not Allocated; Determination (Partition Actions)

California Code of Civil Procedure 873.850 is the California partition statute that allows the court to allocate the proceeds of sale through an accounting of offsets, inclusions, and other claims between the parties. The statute provides that: When the proceeds of the sale belonging to persons who are parties to the action, whether known or … Read More

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