Portland, OR asked in Real Estate Law, Civil Litigation, Contracts and Personal Injury for Oregon

Q: What can I do to retrieve belongings from escrowed property?

I had my vehicle and travel trailer stored on a friend's property in Dorena, Oregon, where I was paying storage fees, but I didn't have a formal written agreement. My friend has passed away, and the property is now in escrow. I wasn't given any notice to remove my belongings. I have not been able to contact the property owner or the buyer to retrieve my belongings, and I found out someone from a neighboring property has been taking items from it. What legal actions can I take to secure my belongings?

1 Lawyer Answer

A: I'm sorry for the loss of your friend. You should be able to use self-help to retrieve your vehicle and trailer if you can do so peacefully. You should find out who is currently in charge of the security of the property--if it's in probate, the personal representative. It could very well be that they have NO idea who owns the vehicles, and it may have become part of the Estate by accident. You certainly can't trust that someone is going to contact you and return your property. So, maybe contact the escrow agent (maybe the title company handling the transaction) and see if they could assist you. Otherwise, you'll need to file a court action to have a Judge order the property turned over to you. You should consult an attorney and discuss your options as there are probably things in your case that are not revealed in your question but very necessary to be revealed in order to fully advise you of your legal rights and remedies.

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