Hi Mark,

I am trying to gather the ownership history of a family property.   A property that is currently owned by two trusts.  The percentage of property ownership has changed over the years.  There is some question regarding the transfer of percentages from one side to another.  Will the chain of title allow me to note these transactions over time?

I am concerned the recorder of deeds only enters what they are told – without too much scrutiny.  From what I understand, CA is a bit lenient in this regard.  Is the recorded Chain of Title the place to start my query?

Thanks,

Nancy    

Nancy,

Thank you for your inquiry.  This matter was referred to me for response.  Generally, whether or not any report is accurate, depends on whether the appropriate documents were properly recorded.

If the property is owned by a trust, certain types of ownership changes may only be reflected in the form of a Trust Amendment which is not typically recorded. However, depending on the state, notice to the Assessor’s office of ownership percentage changes must be provided within a certain period of time, unless those changes are subject to applicable exclusions.

You may want to consider reviewing all documents relevant to the subject property, i.e., the Chain of Title Report and the original trust documents together with all the amendments.  If you do not have copies of the trust documents, we would recommend contacting the trustee.  If that is not an option, you may want to check with the Assessor’s office in the county in which the property is located to research whether or not notice of ownership changes were provided.  If you cannot or do want to make that trip, you may use our Abstract Service to request a quote for one of our local abstractors to do that for you.

Please let us know if you have questions or need more information.

Thank you,

Customer Support Team