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Updated over 2 years ago on . Most recent reply

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Joshua Spegel
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Need advice - DEED question!

Joshua Spegel
Posted

I have someone who wants to sell their 10 acres. They bought it on a Land Contract back in the 60's. Never got a deed for the property. Her husband died in the early 80's. She has been paying taxes on it ever since but has NO other information at all on it. No copy of the LC, no deed. Nothing. 

What route can I recommend to her to go? 

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Caroline Gerardo
  • Lender
  • Laguna Niguel, CA
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Caroline Gerardo
  • Lender
  • Laguna Niguel, CA
Replied

She is not the owner of record if the transfer deed was not filed. The owners on title or their probate or heirs have to be notarized on a transfer deed into her name and recorded. (I say this because you are speaking of a transaction 60 years ago and one assumes the people on title had to be 20 so they would be 80 or older now).  

Here is where I would start: did she save any tax filings from the 60's (some people do) look in those papers; do they have a safe deposit box look in there. Pull the tax bill with the names on title. Do some google searching on their names and any funeral notices for addresses. If you can find them or their children then have attorney in the location contact them MAYBE they will willingly sign the transfer deed Or you have to go to court, serve them and have a judge decide. She shows that she paid the tax bills, and any other paperwork she can find to the court like including the lot on her IRS returns. She may need death cert of her husband and those of parties on title today.

She cannot sign a contract to sell or list as she is not the owner of record today.

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