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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35834
Experience:  16 years real estate, Realtor. Landlord 26 years
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This is great. I inherited a condo in Weber County, UT when

Customer Question

This is great. I inherited a condo in Weber County, UT when my mother passed in 1997. I paid off the condo over the years and now own it free and clear. The title is vested: "Lori D.Chambers, Trustee." My tenant wants to purchase the condo from me. We have drawn up an agreement which we both agree to. I will carry the paper for her for 3 years. At that time, she has agreed to obtain her own financing. My problem: The title company we are using wants to see a copy of my mother's trust which I cannot find after all these years. It was suggested to me to file a "Quiet Title Action" to clear the title in order for us to move forward. Is there anything else I can do at this point. I am the owner and I will be the lienholder. Why would the title company need this proof of ownership and what do you suggest?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Utah
JA: Has any paperwork been filed?
Customer: Nothing yet and the Trust was never recorded.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this time.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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It was suggested to me to file a "Quiet Title Action" to clear the title in order for us to move forward. Is there anything else I can do at this point. Why would the title company need this proof of ownership and what do you suggest?

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Unfortunately, that is what you are stuck with...a quiet title action because without having a copy of the trust in your hand, no one knows if you are the heir to the property, if someone else has an interest, whether there is another owner, etc. And they don't take your word on it...they want to see something formal from either a judge entering an order stating you are the sole owner or a copy of the trust.

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The title company wants to see proof of ownership because you could be the trustee, or not. The trust could give you the power to sell, or not. You could be the beneficiary, or not. You could be a beneficiary to only some percentage of the property. And so on. So you have to prove your sole ownership via something legal before a sale could move forward.

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The quiet title is relatively straightforward, but it will likely cost a couple thousand to have an attorney file it. So I would look in every nook and crannie in the house room by room to see if I could find it before I incurred that expense.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister