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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Continuity of names in a grantor/grantee index. Posted by Ward-CA- on March 28, 2002 at 8:56 AM In Reply to: Quit Claim question posted by Kevin on March 27, 2002 at 7:59 PM : While researching a title today I came accross a Quit Claim that deeded the property to a relative of the Trustees in 2001. However, the notice of default, which were filed last month, still lists the "original" owners (not the relative that was deeded the property via a Quit Claim) as the Trustees. How does this work? What implications, if any, does this have on the title being clear for me to bid on? Any info. on Quit Claims would be helpful. I am in California. : Thanks for any help you can offer! =•=•=•=•=•=•=•=•=•=•= Kevin, No matter how many times a property changes title, a Notice of Default (NOD) and a Notice of Trustee’s Sale (NOTS) will always reflect the name(s) of the original trustor on the trust deed being foreclosed upon. The reason is that in a grantor/grantee index, such as that found at the county recorder’s office, the only way to connect the current foreclosure to the right trust deed in the past is to recite the original trustor name(s) that appeared on that trust deed. Otherwise there’d be no way to figure out which trust deed the currently recorded NOD and NOTS was foreclosing against! The title being delivered to the winning bidder at a trustee’s sale today is the exact condition of title that was pledged as collateral via the deed of trust recorded years ago. Anything that happened to the title in between the two dates is wiped off title by the action of the foreclosing trust deed. And as far as a quitclaim deed is concerned, it is just a deed that doesn’t carry any guarantees or warranties of any kind. It passes title like any other type of deed, but does so without any potential liability to the grantor. So there you are. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : While researching a title today I came accross a Quit Claim that deeded the property to a relative of the Trustees in 2001. However, the notice of default, which were filed last month, still lists the "original" owners (not the relative that was deeded the property via a Quit Claim) as the Trustees. How does this work? What implications, if any, does this have on the title being clear for me to bid on? Any info. on Quit Claims would be helpful. I am in California. : : Thanks for any help you can offer! : =•=•=•=•=•=•=•=•=•=•= : Kevin, : No matter how many times a property changes title, a Notice of Default (NOD) and a Notice of Trustee’s Sale (NOTS) will always reflect the name(s) of the original trustor on the trust deed being foreclosed upon. : The reason is that in a grantor/grantee index, such as that found at the county recorder’s office, the only way to connect the current foreclosure to the right trust deed in the past is to recite the original trustor name(s) that appeared on that trust deed. Otherwise there’d be no way to figure out which trust deed the currently recorded NOD and NOTS was foreclosing against! : The title being delivered to the winning bidder at a trustee’s sale today is the exact condition of title that was pledged as collateral via the deed of trust recorded years ago. Anything that happened to the title in between the two dates is wiped off title by the action of the foreclosing trust deed. : And as far as a quitclaim deed is concerned, it is just a deed that doesn’t carry any guarantees or warranties of any kind. It passes title like any other type of deed, but does so without any potential liability to the grantor. : : So there you are. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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