Posted by John Merchant on April 15, 2004 at 15:13:43:
GF might have some legal interest in the property, so I wouldn’t pay him until & unless he can deliver title insurance to you showing he CAN legally sell it to you.
As practical matter, it would probably be best to let it go to foreclosure & buy it at the auction…then, the trustee will have to deliver you a good title & it’s his/her/its problem as to how to deal with the GF’s interest (if any).
legal rights of tenant - Posted by Alex B
Posted by Alex B on April 14, 2004 at 12:01:14:
Scenario:
The seller filed papers to evict the tenant of the house who happened to be an ex girlfriend for not paying rent and for tresspassing due to the fact there is no lease agreement in place. They lived together a few months before he moved out of the house after he realized things aren’t working out then asked her to move out so he can sell the place.
The house is in the sellers name, but the girlfriends name appears on the deed of trust as trustor along with him. She is now fighting the eviction which in effect is putting a wrinkle in the possible sale of the house.
Does the girlfriend have a legal interest in the property, therefore preventing the seller from both evicting her and from selling the house even if she never made any payments on the house and has been freeloading for the last few months?
Insufficient facts-see your lawyer nt - Posted by John Merchant
Posted by John Merchant on April 14, 2004 at 15:04:38:
.
Re: Insufficient facts-see your lawyer - Posted by Alex B
Posted by Alex B on April 14, 2004 at 15:21:51:
What type of additional facts would affect the seller’s ability to sell me the house?
They were never married, they lived together for 3 months. The house was purchased in his name, but when they got the loan, both names appear on the DT as the trustors. He made all the payments so far even after he moved out. Now he stopped making the payments and since she still didn’t make any payments after he told her to either move out or make the payments if she wants to stay in the house, the bank is foreclosing. He wants to deed me the house and let me take over and stop the foreclosure coming up May 11.
Before I did anything I wanted to know if the GF can claim any interest in the property based on the info available so far therefore causing him to go into FCL unless he makes up the payments then she can continue to live there for free?
Re: Insufficient facts-see your lawyer - Posted by JohnBoy
Posted by JohnBoy on April 16, 2004 at 23:38:13:
What does the foreclosure complaint say? Is the bank listing the GF along with the BF in the complaint? Is she listed as being liable for the loan or merely to foreclose on any interest in the property she may have?
If her name is not on the deed then why is it on the TD? Did she sign solely to waive homestead rights? Did she sign on the loan as a co-borrower?
If she has no ownership in the property then how did she get named on the TD…unless she had to sign to solely waive any homestead rights?