Posted on: 11th Feb, 2009 05:03 pm
We purchased a home in 1988 from a woman who has now deceased. Her daughter-in-law and son sold the home with her approval they received the last of what i owed them in 2001. I have a Full Reconveyence and HAD an attorneys letter stating that it was paid off. I can't find that letter, but i do have the Full Reconveyence. I hear that i need to Quiet Title in a court before a judge and with only lawyer representation. Is there any way i can take care of it myself? I can prove that I've made all tax payment and insurance payments. The original ower is still on the deed, she is deceased and so is the attorney who had helped us out when i paid it off to her children. What can i do?
Hi ellybelly,
A quitclaim would have transferred the title from the owner to you, if she were alive. But even though she's deceased, changing the title to your name won't be difficult. A quiet title in a court can be useful in removing all claims against the property, making you the sole owner of it. In a quiet title action lawsuit notices are sent to all parties concerned, who might be interested in the property. If the court is convinced that there is no other claim to the property and you're the legal owner of it ( proving that won't be difficult since you have the Full Reconveyance and can prove you made all tax and insurance payments) , the court will issue a quiet title judgement declaring you as the new owner.
A quitclaim would have transferred the title from the owner to you, if she were alive. But even though she's deceased, changing the title to your name won't be difficult. A quiet title in a court can be useful in removing all claims against the property, making you the sole owner of it. In a quiet title action lawsuit notices are sent to all parties concerned, who might be interested in the property. If the court is convinced that there is no other claim to the property and you're the legal owner of it ( proving that won't be difficult since you have the Full Reconveyance and can prove you made all tax and insurance payments) , the court will issue a quiet title judgement declaring you as the new owner.
Just record the Reconveyance in the county where the property is located. A quiet title action should not be necessary based on what you have said.
My mortgage company, American Home Mortgage, went out of business a couple of years ago. I have been trying to find information on a loan mod. I've read on the internet that AMH detroyed records of loans. I have lived in the house almost five years and have not made a payment for three years. The house is not in foreclose and does not have a sale date. Do I have a case for Quiet Title? (home is in CA)
Thank you
bpp
Thank you
bpp