Who has the burden of proof on an old deed of trust that hasn't been reconveyed?
Back in the 1984, my parents must have taken out a loan secured by a deed of trust on their property. They have since passed away, and I can't find any information on this transaction - no reconveyance, no cancelled checks - nothing.
If I contact the individual to request a reconveyance, isn't it possible that they may say my parents owe them money, and they want it now?
I am quite certain nobody's been knocking down my parents door for money.
Could you please provide me with a bit of advice?
Thank you very much.
Asked on 4/30/14, 3:59 pm
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
The debtor has the burden of proof in proving that the underlying obligation has been satisfied if they want a reconveyance or if they must file an action to quiet title.
Answered on 5/01/14, 7:08 am
Terry A. Nelson
Nelson & Lawless
In other words, if you can't prove the loan/lien was paid, the money is still owed if the lender demands it.
Answered on 5/03/14, 4:43 pm
