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Question

how diffucult is it to get a release of a deed of trust if the owners of the deed are deceased and the deed was left on by mistake?

Submitted: 561 days and 11 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Optional Information

Optional Information:
La Center, Washington

Already Tried:
title company has sent out requests to 3 heirs.I am selling my property and was unaware of this deed of trust. A private arrangement to borrow funds in 1994 was done but no money was taken. I was told they would remove it then and shortly thereafter they died.(older couple) Now I'm left with a deed of trust on my property w/ no proof that money was not borrowed. What recourse do I have?

Accepted Answer

Saturday, May 10, 2008

Hello and thank you for choosing Just Answer to pose your important legal question. The law is your shield. This is how I can help you get the outcome you want ...

You will file an action to quiet title. Not so troublesome. Any civil lawyer (as opposed to criminal lawyer) can help you with this. This all assumes the party filing the action has and can demonstrate a bona fide right to the property. You will be glad to hear that liens are put on property as a routine matter in anticipation of lending money. The purpose is to alert other potential lenders that the collateral is already, or will be soon, spoken for. Sometimes the loan is never actually made. This situation is not all that uncommon in the business world.

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The information provided is only general in nature and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created. Fees I receive for answering questions are paid for information, not legal advice. Only licensed attorneys in your state can provide legal advice.

Expert: G.S.C. Attorney-MBA
Pos. Feedback: 100.0 %
Accepts: 
Answered: 5/10/2008

Attorney

Attorney-at-Law and Business Counselor. The Law is Your Shield. Results-Focused Answers.

560 days and 19 hours ago.

Reply

I am also concerned that when the money was not needed for the loan I called the patry lending me the money, (private party and they said They would remove the deed and for me to tear up the check. I have no solid proof that I did not use the money and they forgot or ignored their part. How can I proceed knowing (now that they are deceased) with a quiet title if the heirs taht have been notified think I borrowed it? I have no real proof. I can take a lie dectector test>

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