QUESTION

Bought a home 1996 find out today that in 2002 the last owners filed a deed of trust

Asked on Aug 03rd, 2016 on Real Estate - California
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Trying to take out a second on my home I find out the last owner filed for a deed of trust. They had no claim to the property as it was sold to me back in 1996. Now I can't get a get a second till they are removed from the title and they passed away shortly after 2002.How can I get this done and do I have the legal right to sue.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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I suggest that you have an experienced real estate attorney examine the title report you have received which shows this problem, the deed to you in 1996, your deed of trust to your lender in 1996, and this 2002 deed of trust by the sellers. Maybe it's not as big a problem as someone is trying to make of it.   If the sellers are dead, then unless there was a court probate of their estates, there is no way to know who inherited that deed of trust and is authorized to undo it. Many people have revocable living trusts specifically to avoid probate. If the sellers did not own any real estate when they passed away, and the estate was not large, there might not have been any probate case. So asking you to do anything to remove this cloud might be asking the impossible. Dana Sack 510-286-2200  
Answered on Aug 04th, 2016 at 10:45 AM

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