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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: CA Real Estate
Satisfied Customers: 114818
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My deceased uncle purchased a note from a bank in 1983. The

Customer Question

My deceased uncle purchased a note from a bank in 1983. The original note amount $37, 800 in 1979, secured by property. In 1983, my uncle made a new agreement with the property owners for the amount of $47,750. The new agreement does not mention the property. Yet in 1995, he filed assignment of deed of trust for $37,800 secured by the property. I want to sell the note, but was told I need to secure the note with the property.
What can I do?
Submitted: 1 year ago.
Category: CA Real Estate
Customer: replied 1 year ago.
The property is in California.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Actually, you are going to need to go through probate to get all of this put into your name or sell it on behalf of the estate. If he filed an assignment of the deed of trust secured by the property, but the note does not mention the property, you are going to have an issue trying to collect on the note through the property, so this is going to require a local attorney who is handling the probate to transfer all of the notes and deeds of trust or whatever instruments that exist from your uncle's name into the name of the heirs and this has to be all done in the probate process so a probate attorney is required to do this and sort through the documents to see how to correct them and make them enforceable I am afraid, as we cannot actually review everything necessary in this forum to properly make that review and determination.

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