Un- signed deed of trust

[rbigcal]

My wife and I purchased a vacant lot in a coastal community from a man and his wife. They were holding the note and we were paying schedled payments directly to them. Later they contracted their bank to collect the payments and deposit it into their accout. I made payments for several years then paid off the balance of approx. $3,000 in a final payment. The deed of trust was mailed to me and i thought everything was taken care of. Now 6 years later we are selling the property and it is in escrow. The escrow is held up because now I found that the reconveyance section of the deed had never been signed and dated. Also the man had died, so the title co. sent the surviving wife the prorer papers to close the deal and she refuses to sign the document that states that we dont owe anything on the property. Since she mailed me the original deed of trust, does'nt that prove that she acknowledged being paid in full ?. Is there any legal action that can be taken against her ?

 

[appealswriter38]

Because you did not indicate what state you are in, it is diffult to state exactly what you may or may not have for recourse. It would seem, that if the deceased contracted with a bank to collect payments on his behalf, they would have some sort or record of the loan amount and payment history, thus showing payment in full.

As far as the deceased's wife sending you the deed of trust, that may be something only if you have the envelope that it was mailed in, and only if you were able to get it before a judge. It is my experience that a title company will not insure the property without full clearance of property ownership.

How long are they going to hold escrow?