Legal Question in Real Estate Law in California
Who has the burden of proof on an old deed of trust that hasn't been reconveyed?
Back in the 1984, my parents must have taken out a loan secured by a deed of trust on their property. They have since passed away, and I can't find any information on this transaction - no reconveyance, no cancelled checks - nothing.
If I contact the individual to request a reconveyance, isn't it possible that they may say my parents owe them money, and they want it now?
I am quite certain nobody's been knocking down my parents door for money.
Could you please provide me with a bit of advice?
Thank you very much.
2 Answers from Attorneys
The debtor has the burden of proof in proving that the underlying obligation has been satisfied if they want a reconveyance or if they must file an action to quiet title.
In other words, if you can't prove the loan/lien was paid, the money is still owed if the lender demands it.
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