Sozon Khan

· 27 Dec 2021

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Who Owns That House?

What if your debtor lives in the house of his deceased parent who seemed to be the owner of the house that he owed? What if you can't find probate records, and the house is in the parent's name?

One of the many legal issues: I am not a lawyer, and this article is my opinion based on my experience, please contact a lawyer if you need legal advice.

Of course, you believe that the parent left your debtor in the house, but that is just a fantasy. How can you be sure that you are the owner of the house now, or will you do so in the future?

Another way to determine ownership of property is to file a title deed to the office of the sculptor, and then take the debtor to court for a debt test, to prove that he or she lives there. Maybe there is a living trust. As long as your debtor pays taxes, no one will be wise, unless someone blows things up in the debtor's face.

A shortcut to find out whose house the bedroom sleeps in, use professional data service. Provides APN (checker package number), as well as specific data services to any title company, will show you the most recent title submissions.

Some things you can do to find out who owns the home and increase your chances of getting paid:

1) Is there a properly completed summary of the judgment or property (with the last 4 digits of the debtor's SSN or driver's license) recorded in the district where the parent's home is located? It is important to record the abstract, even if the debtor does not have any assets, as it will attach to future credit interests when the title is transferred to him. If there is already an abstract recorded, it is possible that the debtor has not yet changed his subject.

2) Download a copy of the title deed and determine who owns it. Is the title in the name of a living trust, or just a parent's name, or in the name of more than one person?

3) Was the parent living in the house as his main residence, or just the owner of the house?

4) Check twice, is there a probate file open in the region where the house is located? Even if the house is a title deed of the trust, sometimes there is a probate file of the items not included in the trust. Did the parent have a place somewhere in another state? There may be a probate file in that region for them to stay primarily.

5) Live trusts are rarely recorded anywhere, so you will need to get a copy, to see who the next trustees are. That person is responsible for managing the trust and disposing of the property as stated in the trust. That person can be blamed for his or her actions.

6) You may need to take legal action to get a court order regarding whether your debtor owns a home. You may have a house sheriff tax (in California, under CCP 700.015), however, you should be fully prepared before this can be done. If you are doing this, it is best to get the appraisal and the first article report before taxing; so you do not forget to get your court order for auction by the court manager.

At the hearing, all the debts in the area should be listed, along with all other important information. This will help the court to decide the sale if the parent dies and there are documents showing that the debtor is interested in the property.

If the house had not been transferred to a withdrawal trust (if it had changed, it would not have been converted at the time of the death of the residence, e.g., parent). If the amount of judgment is high; consider hiring an attorney with a limited amount of representation, filing a complaint, perhaps managing a parent's estate.

In California, clause code probate 8461, subsection (r), gives the lender the right to administer a parent's estate, especially if he or she has died (at least a year and the death certificate may be helpful.) And no other eligible person mentioned in section 8461 has progressed to participate in the planning of the estate, which will likely include the house.

Of course, if the debtor intervenes to control the estate, someone (possibly a family member) will mock and one of them will continue to control the estate, which is all you want to do anyway.

The family will hire a lawyer, get a bond (e.g., a $ 300K bond costing about $ 1K a year) and do what you want - fix the goods, sell the house (with or without the permission of the current occupant) and withdraw the proceeds. Hopefully, your parent's estate judgment will include the amount they owe you by decision. The probate bond of certainty protects you from harm.

It is not good if you hear, "What else do you have, debtor, do you have proof of your allegations?". In court, you should only bring exhibits of documents by the parties signed under the penalty of perjury. This is because the court may take judicial notice of the existence of the document, but not really the authenticity of the document. Alternatively, the court may determine that your documents are rumored.

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