Legal Question in Real Estate Law in California
deed of reconveyance
I am joint owner of a house with mother who passed away.
I have a copy of deed of reconveyance from loan on a trust deed. property is in los angeles county. I also have copy of original trust deed and escrow papers. But I cannot locate a grant deed if one exists.
Is Deed of Reconveyance sufficient to establish ownership. Or is there a grant deed I need to locate.
2 Answers from Attorneys
Re: deed of reconveyance
When you say "joint owner," I suppose you mean that you were owners in joint tenancy at the time of your mother's passing. Other forms of co-ownership of property such as tenancy in common will produce a vastly different legal result when one co-owner dies.
The deed of reconveyance, trust deed, escrow papers and the like might be some evidence of ownership, but are only evidence of ownership and not the thing that creates ownership.
An ownership in joint tenancy could be created either by deed or by inheritance. Your question suggests that it was by deed, so you need to locate either a grant deed or a quitclaim deed (other types are remote possibilities, such as a trustee's deed if you acquired the house in a foreclosure).
Probably, and hopefully, the original deed by which your mother and you acquired title as joint tenants was recorded at the Los Angeles County Recorder's office. The Recorder can make certified copies of it, if the original can't be found. Recorded documents are stored as handwritten, typewritten, photocopied, microfilmed or electronic image files, depending upon the era of the transaction, and can be searched by various means including written indices and computer inquiry (usually not on line, however). You'll have to go to the Recorder's office.
At some point, you may wish to have the public record updated to show you as the sole owner. A local real estate or probate attorney can easily handle this for you.
Re: deed of reconveyance
I imagine you want to establish that you have an ownership interest in the property. Have a title search performed. It will show what deeds have been recorded on the property. Did you inherit the property upon your mother's passing? Or did your mother give you ownership during her life? Either way, I would have a title search performed. We have databases which can be searched for property ownership and mortgage records. Feel free to contact us if your interested.