Real Estate Title

Asked over 1 year ago - Sun Valley, CA

Who is the actual owner of the real property, please. Is it the person on the title of the deed or the person who holds the mortgage?

Attorney answers (3)

  1. Michael Raymond Daymude

    Contributor Level 20

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    Answered . The owner of the property is the last recorded owner of record. With respect to foreclosed property, the owner would be the entity named in the the last recorded Trustee's Deed Upon Sale.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Vincent J. Gallo

    Contributor Level 14

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    Answered . Whoever appears on the deed.

  3. Michael T Millar

    Pro

    Contributor Level 19

    Answered . A deed conveys ownership of property.

    A mortgage places a lien - not an ownership interest - on property. The mortgage lien allows the lender to foreclose upon the ownership interest of the deeded owner should the deeded owner default on the mortgage. Through the foreclosure process, the lender may obtain a deeded ownership interest in the property.

    Approximately 20 states use a "deed of trust" - which differs from a mortgage in that the deed is held in trust by a third party - a trustee. A deed of trust may permit the trustee the right to a non-judicial sale of the property should the borrower default on the mortgage loan (note).

    I am not a CA attorney, laws vary from state to state, therefore you should always consult a local attorney.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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