Legal Question in Real Estate Law in California
I provided seller financing on an unimproved parcel that I sold a little over a year ago. The note was such that it was negative amortization at the early stages of the payoff. The 35 year old, single buyer passed away unexpectedly a few weeks ago. In talking with his parents, he has no will or trust, and no assets. They say they do not plan to do a Probate. The property has not accumulated any equity and they do not want to continue making payments to me. In fact, the payments have now fallen behind.
The parents stated they would prefer to sign the property back to me. I would like that as well, as I have a prospective tenant/buyer.
How do I best go about this? Thanks.
2 Answers from Attorneys
Well, it isn't quite true that he has (had) no assets. He (his estate) owns a piece of undeveloped real estate. A better description might be that his estate has no positive net worth, or something like that.
Depending upon the value of the land, and anything else he may have owned, the estate may qualify for a simplified probate process, or may even bypass probate entirely, but with real estate, where there is a formal chain of title, sooner or later someone will question title here if the law is not followed.
I recommend having a free initial consultation with a probate attorney near you.
This is why you should have had the note secured by a deed of trust. When he defaulted, you could have foreclosed on the deed of trust.
You cannot have them deed title to the real property to you, because they don't have title. The estate of the deceased buyer has title, and I'm pretty sure they are going to have to go through probate just to get title. A probate attorney will also tell you to file a claim with the estate. You should consult with an attorney familiar with creditor's claims in probate, as there is a strict short time limit.