Legal Question in Real Estate Law in California

Title transfer after death of seller

Bought house in san diego in '71; seller resided in AZ. Since died and passed first deed to a relative, (also in AZ) who since died, etc. House was paid off in '91, but person to whom I was last making payments said she had no paperwork to hand over to me to indicate the property is now mine, free and clear, other than a handwritten note, "paid in full." Escrow offices have been of no help.


Asked on 3/22/99, 6:46 pm

1 Answer from Attorneys

Thomas W. Newton Tims & Newton

Re: Title transfer after death of seller

Your best bet would be to contact a title company for the specific documents.

If the named "trustee" on the 1st Trust Deed is

a title company, they will have all the documentation

necessary.

The mechanics of what you want to do are fairly simple.

The beneficiary on the TD (the woman who holds

the note and TD) would send a Request for Full Reconveyance,

the original Deed of Trust and the the original Note

Secured by Deed of Trust to the Trustee, who would

then issue a reconveyance to you. You would then record in the

county recorder's office.

If the Trustee on the note is not a Title Company,

then either you or the beneficiary will have to

prepare the documents. I'd suggest getting

the assistance of an attorney, if a title company

is not named as Trustee in the Trust Deed.

Please let me know if you need further information.

Alternatively, you might want to contact the San

Diego County Bar Association Attorney Referral

Service for names and numbers of local real estate

practitioners.

The information above is provided as an accomodation only, and should not be construed as

either the provision of specific legal advice on which you may

totally rely, or as the creation of an attorney-

client relationship.

securing the reconveyance.

TWN

Thomas Newton

Tims & Newton

14401 Sylvan Street, Suite 215


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Answered on 4/06/99, 1:43 pm


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