Legal Question in Bankruptcy in California

Back in 1983 my parents took out a loan from a company, and secured it with deed of trust to their home.

Paperwork I have shows the loan was paid off in 1987, but a reconveyance was never received from the lender.

A couple years ago, on my aging parents behalf, I contacted the trustee listed on the note. I reminded him of the situation, provided copies of the paperwork showing the payoff, etc.

The trustee called me back and said that because his company is now bankrupt, his attorney suggested that he NOT sign any reconveyance documents. He said sorry - can't help me.

I would like to ask the trustee again for the reconveyance. If and when he refuses again to reconvey, are there any actions I can take in court to file a request that the reconveyance be released to my parents?

What do I do next? If it is something I can petition the Bankruptcy courts for, I would be happy to.

The home with the deed is in Los Angeles County. I'm pretty sure the company that he filed bankruptcy in Orange County, California.

If I can't do it, what would an attorney need to do? Is it a costly process?

Thanks.


Asked on 8/09/11, 7:44 am

2 Answer from Attorneys
Joseph La Costa Joseph La Costa, Attorney at Law

you have to file a quiet title action in los angeles county, you should do it soon a lot of problems can occur if this is not cleaned up and something happens to your parents

its not terribly expensive but could take time as no defendant now exsists

contact me at [email protected]

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Answered on 8/09/11, 7:56 am


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