Legal Question in Real Estate Law in California
My parents had the mortgage for my home. When it was paid off they did not reconvey the title to me. Now they are dead and there is no record of the reconveyance. I want to write a trust for my child and need proof of ownership. How do I do that?
1 Answer from Attorneys
You're mixing up a lot of terms that don't have anything to do with each other. That's why no one responded to this question for over a week.
For example, California doesn't use mortgages. The law allows mortgages to be used, but everyone uses a deed of trust, which is an entirely different security instrument all together.
Then, I have no idea what you mean by your parents had the mortgage for your home. Do you mean they loaned you money which was secured by an interest in your house? Or that you moved into their house after they died, which was subject to an existing deed of trust? Or do you mean that they held a promissory note and someone else was supposed to pay them.
Then you talk about a reconveyance, which is the document used to clear a deed of trust from record title when the underlying loan is paid off.
Can you be more clear and specific?