Legal Question in Wills and Trusts in California

If you cannot obtain the signatures of the original grantors (the people from whom you obtained the property), you will need to file a qiet title action which basically asks the court to declare that the prior owners have no current legal or equitable interest in the property. The question I have about your question is what type of "lien" ans the title company "drawn up" and why the prepared a lien?

This is not a Probate, Trusts, Wills and Estates issue, but fortunately I can answer your question, since I have even more real estate title experience. There is no way to correct the error with existing recorded documents. Once a document is recorded it is done, permenant, end of story. Any corrections require a new document and a new recording, OR a judgment quieting title as it is supposed to be, and then recording a copy of the judgment. The fact that the title company does not have records doesn't really matter, if you do. Do you have the original purchase contract? Escrow instructions? Any document that shows that the omitted lot was supposed to be part of the transaction and that the title company knew it? If so, this is entirely the title company's problem. They have to fix it or pay you the value of the omitted lot. I was a vice-president and associate general counsel for the parent company of several title companies, including Fidelity Natl. Title and Chicago Title. So I know the ins and outs of all this and would be happy to help you further if you need it.

I agree with Mr. McCormick. If this was a title company error, you should try to have them fix it first, as their failure to correct is most likely going to result in a claim and a lawsuit.

Did the prior grant deed have the same problem? If so, I dont think the title company will feel they have any duty here, especially not 15 years later. A quiet title action is probably your best bet if county will not accept an amended deed, and I have done this before successfully without the high cost one might expect. One such matter I handled successfully cost about $15k from start to finish including recording of the new deed, but it was more complicated than this. Before you spend any money, I would like to know why you want to correct it now, and exactly what the use, history, and tax status of the property is - it may be very relevant. Please feel free to contact me for a free consultation.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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