Just put a owner occupied SFH under contract and have a question. The owners have been trying to avoid foreclosure by Wells Fargo for years. No payments made in 8 years and taxes paid by WF. The owners found a lawyer to put fake liens on the property. The latest liens is called Deed of Trust with Assignment of Rents and has been owner occupied entire time. So homeowners all trying to avoid foreclosure basically put liens on each others property to keep banks at arms length. I have paperwork ready to file to remove two out of three of the fraudulent liens, but there is a third "fake" lien and that person has died. I'm trying to figure out if this fake lien needs to be removed by me or if it ended up in probable with family members who knew nothing of this deception. I tried talking to the attorney who did this and she wants nothing to do with helping resolve the problem (imagine that?...) stating the agent who filed the liens for her has disappeared.
How do I find out if it went to probate?
If it hasn't gone to probate, how do I get fraudulent lien from deceased person removed? Actually, I guess it doesn't matter if it has or hasnt, I need to remove.
How would I prove this is fraudulent outside of owner admitting? Not sure they will do this in a legal forum.
Anyone have any thoughts on this? Any input would be greatly appreciated.
Thanks for your help.
@Karen Burt post is a bit confusing.
If owner(s) are deceased, the estate should be considered the legal owner, absent a legally conducted non-judicial foreclosure sale by a Wells' trustee.
Los Angeles County Superior Court consolidated all satellite probate courts to downtown central Stanley Mosk courthouse, 111 N. Hill St.
Without a case number, you'll need to go and pull physical files. With case number (will start as no. BP xxx xxx) you can see online case summaries.
But your "owners" don't own the property. Your challenge will be to obtain a copy of probate 'Letters', if any, and review them for powers.
If you have a short fuse scenario, it will like like be that a Soecial Admin be appointed.
Title can be cleaned up during private by filing a 850 petition within probate to avoid the long, tedious prove up of quiet title in civil court.
It sounds like @Rick H. knows what he is talking about with this. Personally, I would get your title company of choice involved. This is really what they do day in and day out.
Thank you for detailed response . What part of message is confusing? I'm not clear on all you recommend so perhaps we can both provide some clarity.
Thank you again,
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