Legal Question in Real Estate Law in California

Re: House Deed paperwork lost

If the deeds have been recorded, it is relatively unimportant whether they can be located. Real estate brokers, buyers, lenders, title and escrow companies, etc. are accustomed to working with the recorded instruments at the courthouse, not the papers the owner keeps in his files.

The first step is to go to the county recorder's office and check the records both under the individual's name (as grantor and as grantee) and also under the parcel number(s) to see what has been recorded.

The clerks can assist you if they're not busy. If you find anything on the public record that looks fishy, consult a local attorney.

Re: House Deed paperwork lost

A review of the records of the county recorder's office will disclose who is on title, and that is the person who must enter into a transfer of the property. It is likely that the landlord deeded it to himself as trustee of his living trust. If this is the case, then the current trustee of that trust is the proper individual to convey title to you, which may or may not be the landlord. Whatever you do, obtain a policy of title insurance insuring you as purchaser; by doing that, the title company will insure that the tranferor is the proper person. If the property IS in a trust, they will require a copy of the trust instrument. This is a situation where you are strongly advised to consult a real estate attorney, as this would be a very routine transaction for an attorney to oversee, but can be too confusing for a lay person and there is no room for error.