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my property partner try to sue me because he found that I used property to get a loan without his permission

1 Answers. Asked on Mar 08th, 2017 on Real Estate - California
More details to this question:
My partner and I try to sale our land but I used this land to buy a motel 10 yrs a go. Escrow never asked me for my partner's permission. I didn't know that. My partner is demanding money with interest and threatening me. So is it my fault or Escrows fault? What should I do? my wife and I put our house together and this piece of land as additional security for bank.i am worried that I may lose my house, motel and this land.
Answers Showing 1 out of 1
Answered on Mar 09th, 2017 at 10:12 AM

It is not the escrow company's fault. 

There are a lot of questions a lawyer will need to ask and documents she or he will need to review before he or she will know how to answer your question. Are you partners in an actual partnership or just co-owners of the property? If you're partners, do you have a written partnership agreement? What does it say, if anything? If you are just co-owners and not partners, then the other owner is not liable for the loan and has not suffered any harm. If you fail to make payments and the lender forecloses, then there will be a lot of harm. If your co-owner forces the sale of the property and your share of the price is not enough to payoff the loan, then you will need to pay it off using your share PLUS additional cash of your own. As long as the other owner gets his share, he has not been damaged. He can force the sale of the property by "partition," unless you have a written agreement waiving that right.

As you can see, this is complicated. You need to hire a lawyer.

If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.

Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.

Dana Sack

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Real Estate
Real estate attorneys can help individuals, families and small business with all property-related legal issues. Buyers and sellers of residential and commercial real estate should work with an attorney to negotiate the terms of agreement; draft and review the contract; review related paperwork (such as loan agreements); clear existing liens on a property; and attend the closing. Lawyers can also assist property owners with addressing zoning/rezoning issues and appealing property tax assessment. Landlords and tenants should work with real estate law firms to draft and review lease agreement, handle eviction proceedings and resolve landlord-tenant disputes.
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