Q: My sister says she sold my deceased parents home but I still live in it, and I've been paying the mortgage for several y
Years bow. I looked up records to see if it's under her name and found a document deed of trust/Mortgage assignment with both my parents names and different banks. This is the most recent. Can you tell me what to do and what this document could mean.
A:
This is a serious situation that requires immediate attention. You should gather all documentation related to the property, including your proof of mortgage payments, and contact a real estate attorney right away. The deed of trust/mortgage assignment you found typically shows the transfer of the loan between financial institutions, but doesn't necessarily indicate a change in property ownership.
Your continued residence and mortgage payments could establish important legal rights, especially if you've been making these payments with the understanding that you have an ownership interest in the property. Document everything - keep records of all payments, communications with your sister, and any paperwork related to your parents' estate planning, including their will or trust documents.
The first step is to request a full title search and property records from your county recorder's office. This will show the complete chain of ownership and any transfers that have occurred. Then, take all this information to your consultation with the attorney. They can help determine if your sister had the legal authority to sell the property and what rights you may have to challenge any unauthorized transfer. Time is crucial in real estate matters, so it's important to act quickly to protect your interests.
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