Legal Question in Real Estate Law in California

I paid off my mortgage. I need to record my property. My late husband's name still remains on the tax bill, with my name. Where do I start?


Asked on 1/11/11, 9:59 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

You need to consult with a real estate attorney. First, your bank should record a "Reconveyance" of their Deed of Trust. The Deed of Trust is essentially the mortgage. That can be done without taking your husband off title. You should, however, also resolve the issue of your husband still being on title with you, and that is where you need a real estate attorney or possibly even a probate attorney.

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Answered on 1/17/11, 10:26 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think you probably mean that you need to record the deed of reconveyance, which is simply the mortgage lender's acknowledgment that it has been repaid in full and is no longer entitled to a lien on your property.

How you remove your late husband's name from (a) record title, and (b) the tax collector's records will depend upon how you and he held title and whether he had a will or trust. There is no hurry to make changes, particularly if his estate went through probate or administration of some kind. Nevertheless, clearing up the public records is a good idea. I'd suggest seeing a lawyer who does family wealth and estate planning with respect to going over your own plans which could include placing your property into a living trust.

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Answered on 1/17/11, 5:23 pm


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