Titleholders of Property not Landlords
In 11/96 we took possession of home after giving titleholders $7000 in their back payments and took over payments–made directly to the mortgage co. In 7/99 titleholders took us to court on a landlord/tenant eviction. Court stated that we are not tenants and they are not our landlords. No agreements rental or other have been signed. After 3 years, they now want us to sign a rental agreement. We refused and have been served with a 30 day notice to quit. What can we do to stop them from harrassing us? Payments are still being made directly to the mortgage co. Do they have any rights to evict us?
Re: Titleholders of Property not Landlords
You should file a complaint for declaratory relief. The court could then determine that you are the owner of the house and have a deed recorded stating that you are the owner of the property.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
San Jose, CA 95112