Legal Question in Real Estate Law in California

In some cases you can get a court order for the clerk to sign in their place. After 7 years of being missing, a person can be presumed dead.

The first thing you need is grounds to remove them. Then you have to prove there really is no way to find them. You will need to hire investigators to establish that they have truly disappeared. Just because you can't find them doesn't mean they cannot be found by professionals. If they truely have disappeared, and you have grounds to remove them from title, you then file an action to quiet title.

California has a relatively recent set of laws that probably address your question. Look up the Marketable Record Title Act in the Civil Code, starting at Civil Code section 880.020 and running through 880.370. You'll see that the Legislature has recognized and addressed the problem of missing heirs, disappeared co-owners, etc. This Act makes suits to quiet title a lot simpler in appropriate situations, and you don't always have to find grounds to remove them from title, other than the criteria set forth in the Act.

I have done quiet title actions before involving missing persons, Let me know if you want help.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

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