Legal Question in Real Estate Law in California

deed of trust holder died, what happens ???

I am wanting to purchase vacant land. there is a td against it for $18,000, however the private holder died 3 to 4 years ago. I want to know if this td can be cleared, if so how? I am unable to find any other info on this td holder. Nor have anything else been recorded in an estate name. Another question, county tax sale ~ what leins are senior. Would a trust deed (even though they did not forclose) follow it through after a tax sale? Thank you for any help


Asked on 7/29/04, 3:11 pm

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: deed of trust holder died, what happens ???

Generally, a Tax lien sale extinguishes all other liens. Regarding the deed of trust, his heirs are entitled to the money. If there are no heirs, then it might go to the state. You may need to do a quiet title action to clear the deed of trust from the title.

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Answered on 7/29/04, 3:35 pm
Larry Rothman Larry Rothman & Associates

Re: deed of trust holder died, what happens ???

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

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Answered on 7/31/04, 2:08 pm


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