Costa Mesa, CA asked in Real Estate Law for California

Q: If the true owner to my primary residence deed is not found (9 svcg co's in 13 yrs) do I have a case to claim the deed?

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1 Lawyer Answer
Ute Ferdig
Ute Ferdig
  • Newcastle, CA
  • Licensed in California

A: What you are talking about is not a deed issue. If you bought a house in CA you are the owner and your name is on the deed, not the lender or servicer. What you are talking about is a question of who owns the note for your loan. The fact that there were multiple servicing companies does not mean that the loan was sold as many times as the servicing companies have changed. Have you sent a QWR (qualified written request) to the servicer asking for the name of the investor who owns the loan? Once you know who the investor is you can ask them to prove that they have the note. But even if they lost the note, it does not necessarily mean that you'd be able to get the house free and clear. The investor may be able to get a lost note bond. Bottom line is that there is no black and white answer to your question. The law in this area is still developing and there are certainly a lot of lawsuits out there. There are class actions against the lenders and borrowers have the option to join these lawsuits. You may want to research mass joinder. Whatever you do is not something you should try to take on without an attorney. The banks are being sued left and right and they are fighting back hard.

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