QUESTION

If Grant Deed Sale instead of Foreclosure or In Lieu of, how are the costs of title transfer and default addressed and how are property taxes affected

Asked on Aug 29th, 2017 on Landlord and Tenant Law - California
More details to this question:
The buyer of real property defaulted on a balloon payment after the period of 10 years of monthly payments on the note. He first agreed to in lieu of foreclosure but now wishes to transfer the property by a Grant Deed Sale.
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1 ANSWER

He wants to sell the property back to you? He has no title to the property unless you foolishly transferred it to him [as that would mean you only have a contract with him and no claim on the property]. So legally he has nothing to sell. If you "buy" the property from him, you would have to pay for a title search to be sure he has not encumbered the property [you could do that yourself[, transfer taxes, the property would be reassessed [after 10 years it should be worth a lot more so your property taxes will likely double]. There is almost no advantage to you, so you should not help him from being labeled with a foreclosure.
Answered on Nov 02nd, 2017 at 12:18 PM

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