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.
1 Answer from Attorneys
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