Different laws state to state

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Posted by John Merchant on June 07, 2009 at 22:18:24:

In Reply to: Re: Deceased lender posted by Kristine-CA on June 07, 2009 at 20:06:16:

In the matter of my purchased property, I'd already had some contact with the ladies involved so I was a little skeptical of their claims to be legal heirs and benes either under a will or intestate.

I'd had some doubts about the ladies' pedigree and genealogy earlier when I asked them what their relationship was and they were a little vague with their answer.

Actually I don't know, but I'd guess even a DOT foreclosure would be barred eventually. The law truly doesn't favor perpetually existing COAs (causes of action)so I'd very much doubt the DOT could still be foreclosed 20 years out.

If you have a CA court citation I'd sure like to see it as to how long the DOT remains valid and foreclosable.

Interesting question and sometime when I'm at the law library I'll do a litte briefing on it.

Another factor entering the equation in case of a decedent is of course the issue of who represents the estate and whether the alleged benes have qualified in the probate court to do so and whether they have qualified as benes. Also if they have the right to enforce any debt to the estate.

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