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kabbin · Feb 1, 2008, 03:55 PM

Hi -
Below is the summary of my situation. I am based in Orange County, CA.

I was in a relationship with my then girlfriend (April 2006). I bought this condo in Orange County, CA with me on the title as the lone owner and the mortgage completely in my name since she did not have a good credit. After a month, she wanted me to get her on the title, which I obliged since I was planning to get married to her anyway. Once she got on the title as the part owner, her tone changed and I had to break-up the relation with her. And also at that time she had gotten admission to a school to get her RN Nursing degree to which she needed a loan. Since she did not get approved for the student loan, she brokered a deal with me that if I I co-sign on the loan, she would sign back the papers to me (revoking her part of the home ownership and the agreement was verbal). However, we did sign documents in front a notary, but I made the mistake of having her mail the notarized documents (quit title claim), since the very next day early morning of us notarizing the documents, I had to go out of country (I was visiting my home country). Anyhow, a month later I got back, my home belongings were gone and she had never mailed the documents. This was Aug 31st 2006. Since then she has made me help her financially for school using the signed papers as a bait and been making excuses for not mailing back the documents. I am now stuck in a rut. Couple of things in my defense are...
1. I signed her on the title ONLY on the pretense of marriage
2. She has not made a contribution of a single penny towards the mortgage or the property taxes since the condo was bough
3. She has not resided in this property since Aug 2006.
4. She has not provided her location, of where she resides. Only way to contact her is by email, when I request for an address, she gives me out an address that is supposedly of a friend of hers.
5. I have emails from her stating of her intent to sign papers back to me giving me full ownership.

Reason I am looking for advice is that, attorneys fees are exorbitant and I just cannot afford at this time. What are my options? Can I file the action myself? Also is there a period after which the person being sought, doesn't reside in the property can be considered not the owner anymore? Since I live in California, if anyone has this info, that would be helpful as well.
Thanks and Regards

George_1950 · Feb 1, 2008, 08:10 PM

Sue her for breach of contract and fraud.

Fr_Chuck · Feb 1, 2008, 08:28 PM

Yes, sounds like you will have to sue her directly

kabbin · Feb 1, 2008, 11:47 PM

Thanks for your responses folks. Can I file it myself though (be it suing or filing for quiet title action) ? Mainly are there any risks specifically if filing by myself?

George_1950 · Feb 2, 2008, 08:24 AM

There are risks and you should speak with an attorney.

Fr_Chuck · Feb 2, 2008, 09:03 AM

A quiet title really will not work here, in that you are filing in court to have the current deed ( your deed) reconised as valid and to get rid of any other claims form previous liens or deeds.

There is no question as to the current deed being valid, it is, your issue is that you made a contract ( deal) to buy another persons interest in that house and they did not fulfill their part of the deal)
so you have to sue for the value of that deal and/or completion of that contract ( verbal)

In it, you have to prove first there was an agreement, what the terms of he agreement was, and show the breach of the agreement