I get a condo from foreclosure. I can’t find the previous owner. There are a lot of notes posting on the door. I think there is still furniture inside. According to the record, the lender couldn’t get contact with the owner. What should I do? Can I change the lock and move in?
Yes, though if there is more than $500 worth of belongings you need to follow the law around disposing them. Search the forums there should be plenty on that topic.
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There are full of furniture inside. The owner has not moved out. I can see through the kitchen window. But I believe no one live there. Maybe the owner is living in other place now. There are even dry flowers in the entry. I feel the owner is sick and is living in other country.
I read some discussions.
Should I post a notice of Notice of Belief of Abandonment before break the lock? I am in California.
I believe this owner will be back for his stuff. I think he left the window open if for others to know that it is still occupied. I am scared to sale his stuff. But if I leave everything inside and wait for him to be back, there are too many stuff and will take a lot of space.
Just follow the law on abandoned property. Document everything. Better to move quickly while the facts are on your side. Never hurts to use an attorney, especially if you aren’t finding the law clear for some reason.
One more thing. They are not the “owner,” you are. They are unlawful detainers at this point. They still have certain rights, but so do you.
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Sean,
That person died inside the property one year ago and the body was removed 3 months after he died. There is a medical Note from county.
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Hi Sean,
I found several unusual items in a title report and was hoping you could take a look and share your thoughts. If it is possible I want to email the title report to you directly :-).
The short version is as follows:
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A Grant Deed recorded on March 3, 2016 shows that a married couple acquired title to the property through a 1988 trust.
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A Deed of Trust recorded on March 3, 2016 shows a first mortgage of approximately $700,000 from Bank of America.
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A Grant Deed recorded on August 5, 2025 states that the same couple transferred the property to their two children on May 18, 2013, and the deed was also notarized on May 18, 2013.
My understanding is that a grant deed does not need to be recorded to be effective. If that is correct, it appears Bank of America may not have known that the property had allegedly been transferred to the children as of May 18, 2013. However, the couple did not appear in the chain of title until 2016 through the trust conveyance. Does this create an issue with the validity of the 2016 mortgage?
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A Certificate of Declaration dated September 26, 2023 was mailed to the Estate of the couple, indicating that the lender was unable to locate the borrowers.
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Two Affidavits of Death were recorded on October 12, 2023 and November 8, 2023. Both borrowers had apparently passed away, although the deaths may have occurred earlier and were only recorded later. The lender had already initiated the Notice of Default process before the affidavits were recorded.
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The property was foreclosed on May 14, 2026. On the same day, the children, through their attorney, recorded a Notice of Pendency of Action (Lis Pendens) asserting an ownership claim to the property.
Based on these documents, it appears there may be a title dispute involving ownership of the property. One concern is whether the property may have belonged to a trust or other party that was not properly notified during the foreclosure process. Another question is whether the 2016 mortgage could be affected if the 2013 transfer to the children was legally effective.
I would appreciate any thoughts you may have on these issues.
Thank you very much for your help.
Best regards,
Claire
Someone replied to your post.
| Sean_OToole
June 12 |
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Yes, though if there is more than $500 worth of belongings you need to follow the law around disposing them. Search the forums there should be plenty on that topic.