Legal Question in Real Estate Law in California

Re: Finding property owner

You need to conduct a search for the aunt through a service like Westlaw or Lexis. If she can't be found, you can always file a partition lawsuit seeking the right to sell the property. We have handled problems like this and would be happy to help if you need us.

Re: Finding property owner

Rather than Lexis or WestLaw, I would first use a private investigator to try to locate the aunt. At the same time, I would open a discussion of the problem with the title insurance company that would be called upon to insure your title upon a sale to you. You need to be sure that your title, however obtained, is insurable. Also, a title company will have the expertise to search recorded documents pertaining to the property which might lead to identifying and locating the missing owner. There is a third reason for making a diligent search for the aunt; that is, eventually you will probably have to serve process on her, and a court may permit service by publication (in a newspaper) if the judge feels you have made a careful and diligent search.

Although a partition suit might work, the result would be that 1/3 of the sales price could be held pending finding the aunt or her heirs, and this could complicate your obtaining insurable title. Rather, I would consider filing a suit to quiet title in the other two owners. This may be simpler, but in any case the court would require a search for the co-owner sufficient to insure that her interests are protected to the extent possible.

Re: Finding property owner

I would hire a skip tracer. Unless she is deliberately hiding she should be able to be found for a few hundred dollars.

Re: Finding property owner

Lets you some common sense. If you have plenty of time in one to reduce your costs for start with the family. While these people who own the property with the hand do know she's dead or live they do know probably who the other relatives are. Moreover where they are. The names, addresses and phone numbers and contact them. You can find out what he and hopefully lastly have. From there you can check the public records including death certificates. You can also use the Internet. Their numerous ways of contacting individuals for the white pages, web sites and other means. Public records are just that. Therefore trace her name through public records. If all else fails then you can go to way costly private investigator, skip trace her or some other entity. I've been practicing real estate law for over 30 years and have never had a problem locating the owner of certain property or in the alternative dealing with someone who is unavailable. If you wish to contact me I am in the San Francisco Bay Area at 925 -- 945 -- 6000.