View Full Version : How to obtain property title after years
SUNNYDAYZ
Jun 2, 2011, 09:45 PM
My parents were in the process of purchasing a mobile home and the property it was on. They had paid the last check and shortly afterwards the lady they were purchasing the land from passed away leaving no children and before being able to sign over the title. For the last 25 years my parents have lived on the property and or allowed one of my siblings to stay there as needed. They have also paid the land taxes and all other financial responsibilities in regards to the property. How would they go about obtaining the title. Is this something we can do without an attorney?
joypulv
Jun 3, 2011, 11:31 AM
They can start at the deed office of their local town or county court house and get a copy of the details on the property. They can ask about filing for 'quiet title.' They will need a lot of proof of what you are saying here, about all the payments and so on. You also need to check with probate to see if the woman's estate was ever probated, meaning finding a will if any, and pronounced in the paper to let next of kin and creditors come forward. If she left a will, there may be heirs. If she left no will, there may be next of kin who inherit according to state law. But after 25 years, chances are that no one will come forward and your parents may be able to get title. A lawyer could handle this in a tenth the time you could for not much money. See if you can get a quote, after you have all the papers together and a copy of the title/deed/or at least the book and page #s and pertinent info about the previous owner, to save a little money.
Fr_Chuck
Jun 3, 2011, 12:27 PM
Yes, someone took over ownership of the property at the time of death, ( or should have) they had some heir,
At the time of death, they needed to address this with the deceased persons family and/or probate court.
By paying the taxes they have at least keep the government from taking over.
But you will need an attorney at this point, esp since they went so long. And latter to find out the land is owned by someone else, who has no proof of knowledge of a sales contact 25 years ago. Do they still have cancelled checks, loan documents and proof they paid the land off back then,
If they go to court how will they even prove they paid for it, if they don't have any records
AK lawyer
Jun 4, 2011, 11:52 AM
... If she left a will, there may be heirs. If she left no will, there may be next of kin who inherit according to state law. ...
Actually, "heirs" are the persons who would inherit by operation of law. If there was a will, the devisees named in that will inherit instead of those heirs.
But if the previous owner died without children (or other close relatives perhaps), my guess is that there was no probate case filed.
... to find out the land is owned by someone else, who has no proof of knowledge of a sales contact 25 years ago. Do they still have cancelled checks, loan documnets and proof they paid the land off back then,
If they go to court how will they even prove they paid for it, if they don't have any records
If OP's title search shows someone else with paper title, that person would be one of those named in the quiet title action. Proof of payment would not be really necessary because it appears that the parents have an excellent case for adverse possession. Anyone opposing their claim would have to explain what, if anything, that person did within the past 25 years to assert his or her ownership rights.
ScottGem
Jun 4, 2011, 12:23 PM
One question that has not been asked or answered is if your parents have a signed contract. Obtaining the title, if they have the contract, will be a lot easier.