Skip to main content

Real Estate Title

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

Posted

Whoever appears on the deed.

Mark as helpful

1 found this helpful

Posted

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 general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Mark as helpful

1 found this helpful

2 lawyers agree

1 comment

Asker

Posted

Thank you, Michael. The owner temporarily put the property in my name because he goes around buying old houses and fixes them up. His debt ratio was too high to qualify for another house he wanted to buy. There have been about 3 or 4 of us who did this for him. Anyway, I quitclaimed it back to him a few years ago, and continued with my tenancy. The other side, however, claims that "once an owner" always an owner and they gave the Judge some cite, even tho the original owner's name is on the deed and I have a notarized lease from 3 years ago with 2 more years to go. Do you have any Points and Authorities I can use to present to the Judge as I am doing an Ex Parte for Stay of Execution and likely an Appeal (which I likely will need to hire you for). Also, the 1st TD is current, this is a 2nd TD that went back to the bank but they claim it was sold to a third party, and it wasn't. Very convoluted.

Posted

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 purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Mark as helpful

1 found this helpful

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics