Can I Sell a House With Title Problems?

Questions homeowners ask next

Can I close a typical sale if a fraudulent deed is still recorded?

In most cases a typical California closing does not finish while that cloud remains. The California Department of Real Estate says a fraudulent deed will cloud the property title and prevent a homeowner from selling until title is cleared or cleansed, or until the other lienholders are satisfied. Clearing the cloud, or satisfying other lienholders, is the usual path before a buyer and lender will close. This is general information about California title, not a result for any address.

When do I need a quiet title action?

The California Department of Real Estate says that because of the cloud on your home title created by fraudulent deeds, an action in court must be commenced to quiet title to the property. Under Code of Civil Procedure section 760.020, an action may be brought to establish title against adverse claims to real or personal property or any interest therein. Under Code of Civil Procedure section 760.010, a claim includes a legal or equitable right, title, estate, lien, or interest in property or a cloud upon title. The California Courts Self-Help Guide says Self-Help Center staff can tell you about your case, help you with the forms you need, and explain your legal options; they cannot give you legal advice or go to court for you.

Can a mechanics lien keep me from selling?

The Contractors State License Board says an invalid lien can make it difficult or impossible to sell, refinance, or obtain a line of credit on your property, and that a lien stays in the county records and on your property title until you take action to remove it. The Los Angeles County Registrar-Recorder says you will need to file a release of lien with that office. In most cases the lien is removed from the record before a typical sale can close. An agent is not mandatory.

How is a paid-off deed of trust cleared from title?

Under Civil Code section 2941, within 30 calendar days after the obligation secured by any deed of trust has been satisfied, the beneficiary or the assignee of the beneficiary shall execute and deliver to the trustee the original note, deed of trust, request for a full reconveyance, and other documents as may be necessary to reconvey, or cause to be reconveyed, the deed of trust. The Los Angeles County Registrar-Recorder, upon payment of proper fees and taxes, will accept any document that is authorized or required by California law to be recorded if the document contains required information and if it is photographically reproducible.

How can I find out if a document was recorded against my home?

The Los Angeles County Registrar-Recorder's Homeowner Notification Program gives you a chance to review recorded real estate documents so you are aware when an action takes place on your property. In most cases you still cannot complete a typical California home sale while a title problem remains. The California Department of Real Estate says a fraudulent deed will cloud the property title and prevent a homeowner from selling until title is cleared or cleansed, or until the other lienholders are satisfied. Representation exists only with a written agreement.