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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?

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Attorney answers 3

Best Answer

Whoever appears on the deed.


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.

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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.


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.

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