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Q: Tracing person through county recorders office ( Answered,   1 Comment )
Question  
Subject: Tracing person through county recorders office
Category: Relationships and Society > Law
Asked by: ghsdfjjkl-ga
List Price: $200.00
Posted: 30 Aug 2004 01:19 PDT
Expires: 29 Sep 2004 01:19 PDT
Question ID: 394424
is there any way to buy realestate and have it not show up in the
county recorder records as under your name? Other than put it into a
trust or corporation ?  a person is purchasing lots of properties but
they cannot be located under her/his name under the locale county
recorders office as they are deliberately trying to not be seen. If
the person has formed a trust or corporation, the trust or corporation
would be brand new. And a mortgage company would not lend to a brand
new trust or corporation ?  Unless it was some special private, hard
money mortgage lender correct ?  There is a central mortgage
registery. Would looking in this help ?

Can one see a list of Trusts that have been created in the last 3
months in a State ?  Can one obtain a list of Corporations that have
been created in the last 3 months in a State ?

Have a list of lawyers she/he used. Does this help ?
There are 850 sales per week day registered at the county recorders
office. I know the month the sales/purchases occured.  She/he may have
created a trust named   Joe Smith Trust, with themselves as benefactor
where their name is, for example, Benny Brown. Totally different from
the Trust name.

Don't want to hunt down  5 X 4 X 850  realestate transactions

Request for Question Clarification by pafalafa-ga on 30 Aug 2004 05:10 PDT
Can you tell us what county and state you are asking about...?

Also, you mentioned a "central mortgage registry...".  Can you tell me
some more about what you mean by this, and whether you have searched
this registry already?

Thanks.

pafalafa-ga

Clarification of Question by ghsdfjjkl-ga on 30 Aug 2004 08:53 PDT
Can you tell us what county and state you are asking about...?

Orange County California  (now the person will know who they are)

Also, you mentioned a "central mortgage registry...".  Can you tell me
some more about what you mean by this, and whether you have searched
this registry already?

I have not yet figured out how to access the central mortgage
repository. Maybe one must be a real estate agent ? This is all I know
about it.

"The Mortgage Electronic Registration System, also known as MERS is a
national electronic registry which keeps track of the changes in
servicing and ownership of mortgage loans"

pafalafa-ga

Request for Question Clarification by pafalafa-ga on 30 Aug 2004 12:40 PDT
Thanks for getting back to me.

There are certainly a number of useful research tools for
investigating real estate transactions in Orange County, CA.  But
without knowing either the name of the entity you're checking, or how
much investigation you've done already, it's difficult to know quite
how to offer guidance.

In a nutshell, there are ways to check on:

--Trust grantees and grantors

--Fictitious Business Names

--Recent business formations (incorporations, partnerships, LLC's, etc)

--lawsuit filings

(As far as I know, only licensed real estate agents can access systems like MERS)


Whether these searches would uncover the information you are looking
for is impossible to say in advance.  The best I can do under the
circumstances of your questions (ie, without knowning the actual
information to be searched on), is to direct you to the relevant
sources so you can conduct a search yourself.

Would this information be suitable as an answer to your question?  Let me know. 

pafalafa-ga

Clarification of Question by ghsdfjjkl-ga on 30 Aug 2004 14:27 PDT
--Trust grantees and grantors
 (don't know how to get these)

--Fictitious Business Names  
  ( Know the URL already looked here.   no results )

--Recent business formations (incorporations, partnerships, LLC's, etc)  
   ( don't know how to get these)

--lawsuit filings
  (know how to get them for orange county superior courts. )

Request for Question Clarification by pafalafa-ga on 30 Aug 2004 14:51 PDT
Thanks for getting back to me on this.  

Before answering your question, though, I'd be more comfortable with a
direct answer to my earlier question:  Would information on accessing
these resources (trusts, new businesses) be a suitable answer to your
question?

pafalafa-ga

Clarification of Question by ghsdfjjkl-ga on 30 Aug 2004 18:30 PDT
Answer : Yes. Although it might yield 0 info on the specific person.

Before answering your question, though, I'd be more comfortable with a
direct answer to my earlier question:  Would information on accessing
these resources (trusts, new businesses) be a suitable answer to your
question?

pafalafa-ga
Answer  
Subject: Re: Tracing person through county recorders office
Answered By: pafalafa-ga on 30 Aug 2004 20:36 PDT
 
ghsdfjjkl-ga,

Thanks for giving me the go-ahead on this difficult question.   It's
always a challenge trying to track down something or someone that
doesn't wish to be found, and it's made even more so by not having the
name(s) and other relevant information on which to search.

Here then, are some of the key sources of information I would suggest
for you in your question.  They are detailed below.

Before rating this answer,  please let me know if any of the
information I've presented is unclear, or if you need additional
information.  Just post a Request for Clarification, and I'll be happy
to help you further.

Best of luck....


pafalafa-ga


==========


The first stop would be the Orange County Clerk-Recorder name-search
website for conducting a Grantor/Grantee search of those involved in
recordable real estate transactions:

http://cr.ocgov.com/grantorgrantee/searchPersonsName.asp


Although the form here is fairly straightforward, let's step through a
few of the details:

If the person you are searching for has a fairly common last name,
then enter both a first name and last name to narrow down your search
(or at least a surname and first few letters of the first name).   If
the surname is uncommon, then just a surname search alone should do
the trick.

Enter a range of dates that you want to include in the search -- the
database is a few days behind the real calendar, so you won't be able
to search up until the current date.

Set the number of records to at least 100, unless you're on a
low-bandwidth system.

If you're lucky, this will produce a "hit" for you.   If it does, you
might want to retrieve a copy of the actual document (see
instructions, below).

If it doesn't, then you might want to try one of the following options
in the same Grantor/Grantee search system:


--You can search by business name at:
http://cr.ocgov.com/grantorgrantee/searchBusinessName.asp


--You can search all documents recorded on a given date at:
http://cr.ocgov.com/grantorgrantee/searchDateOfRecording.asp


==========

If these searches produce any results, and you want to get a copy of
the document, then you have to contact the Clerk-Recorder's office
(some counties make these types of documents available on-line, but
Orange County is apparently not one of them).  Follow the instructions
for getting copies of documents as give here:


==========

http://www.oc.ca.gov/recorder/docrcd.htm
Obtaining Official Record Copies

To obtain copies of recorded real property documents, you may do so by
coming into the office or sending your request by mail.

Documents are identified by the names of the grantors and/or grantees
as they appear on the document and the recording date. If the document
was recorded prior to 1982, you may reference the book, page and
instrument number if available. If the document was recorded in 1982
or later, refer to the instrument number which consists of the
recording year followed by a six digit number.

The fees for obtaining copies are $1.00 for the first page plus $1.00
for each additional page per document. The fees for copies of maps are
$1.00 for the first page plus $1.00 for each additional page per map.
The fee for certification is an additional $1.00 for each document or
map.

If you are sending the copy request by mail and are not certain what
the exact copy fees are, you may leave the dollar amount blank on the
check and write a limiting phrase below the line. Example - not to
exceed $20.00. The clerk processing your order will complete the check
and return a receipt indicating the exact amount.

Make checks payable to, Tom Daly, Orange County Clerk-Recorder. Mail
the copy request to: Orange County Clerk-Recorder, Attn..: Copy Desk,
P.O. Box 238, Santa Ana, CA 92702-0238.

If you have any questions regarding the ordering of official record
copies, please call (714) 834-2461.

==========


You mentioned that you were familiar with the Fictitious Business Name
searches in Orange County, but for the sake of compelteness, here is
that search site as well:

http://cr.ocgov.com/fbn/welcome.asp


The search strategy is the same as above:  search first using the last
name (and some/all of the first name if you so choose), and then
conduct a separate search using the surname in the "Business Name"
box.  Also search on any Business Names you may suspect are in use by
the party in question.


==========


Searches for the names of corporations, limited liability companies,
and limited partnerships can be made at the California Secretary of
State's website, here:


http://kepler.ss.ca.gov/list.html



There's a bit of a catch-22 here, as you have to know the name of the
company in order to search on it.  However, many LLC and LP's use an
individual person's name as the name of the company, so search
creatively based on the information you have at your disposal, and see
if anything pops up.


==========

If none of these provide any useful results, then it may be time to
give LexisNexis a try.  This is a powerful search system, but be
warned -- it is not an easy site to navigate or use.  If you run into
problems here, let me know, and I'll help to walk you through it.

First, head to their main page at:


http://www.nexis.com/research


and on the right-hand side of the page, you'll see a hyperlink for
"Not a Subscriber".  Click on this, and the system will take you
through its registration process (you'll need you credit card of
course).  Note that there is no charge for *searching* the LexisNexis
databases.  They only charge you if you find a record that you want a
full copy of.

By the way, I always use the "Pay As You Go" option, but if you find
your retrieving tons of documents, you may want to consider the daily
or weekly sign-ups.

Finally, you'll get to the "search page" where you are given an option
to search a variety of topical databases.  The main databases of
interest to you are those under the heading of "Public Records". 
However, you can also search California newspaper under the "News"
heading, and California lawsuits from various courts under the "State
Legal -US" heading.

 
Under the "Public Records" header, you'll find subsets of databases for:


 --Business Locator  
 --Asset Locator  
-- UCC Filings  
-- Judgments  
 --Tax Liens  


I suggest you search UCC Filings first for California, as UCC filings
are espeically common for newly-formed businesses.  After the UCC
search, then search the others (in no particular order) to see what
pops up.

Search on the name of the person you're interested in, using the
LexisNexis search protocol.   For instance, to search on the name
George Bush, enter the following in the search box:

george w/2 bush


This will find records with: 

George Bush
Bush, George
George W Bush

and so on...


Do the same for other databases, and see what pops up.


==========


The LexisNexis data sets are very comprehensive and, like I said
earlier, not the easiest to use.  If the Orange County searches didn't
bear fruit, then by all means, give LexisNexis a patient try.  And if
you run into any problems or question, just give me a holler and I'll
do my best to help you out.

Again, best of luck...

pafalafa-ga

Request for Answer Clarification by ghsdfjjkl-ga on 31 Aug 2004 05:33 PDT
Thanks pafalafa-ga

 This person sold property recently.  Results of Grantor/Grantee
search on their name for 2004.  ( Made up name "Smith,Sam" )

 6/9/2004	Smith, Sam	ABC, Co	        Mechanics Lien	Grantor/Grantee
7/21/2004	Smith, Sam 	Joe Biggs	Grant Deed	Grantor
7/21/2004	Smith, Sam BFC	Joe Biggs	Trust Deed	Grantee
7/21/2004	Smith, Sam BFC	Joe Biggs	Assignment Rnt	Grantee
7/23/2004	Smith, Sam	ABC, Co  	Release	Grantee
8/23/2004	Smith, Sam		        Reconveyance	Grantee


 Is my understanding of the above correct ? ??

 (1) There was a lien put against the property by ABC Co.
 (2) Sam Smith gave (sold) the title of the property to Joe Biggs
 (3) Sam Smith's company got Trust Deed against the property because
it loaned money to Joe Bigg's to pay for the property.
 (4) Sam Smith's company got the rents from the property ?
 (5) lien was taken off the property by ABC Co

Clarification of Answer by pafalafa-ga on 31 Aug 2004 05:45 PDT
Looks like these sources are bearing some fruit!

Your interpretation of the records sounds plausible to me.  Truth be
told, however, I'm more familiar with actually finding these types of
records than I am at interpreting their meaning.

Your best bet in this regard might be to call the County Clerk's
office directly, and ask them the circumstances under which the
different types of documents (Mechanics Lein, Trust Deed, etc) have to
filed.

Hope that helps.  Let me know if there's anything else you need here.

pafalafa-ga
Comments  
Subject: Re: Tracing person through county recorders office
From: cmiller-ga on 30 Aug 2004 04:07 PDT
 
Go to the courthouse, and grab anyone of the people standing around
that has a laptop, or ask them if they are title searchers. Offer them
$100 to find out who the property in question belongs, that's their
job for the title company. Pick one, and find the trustee,  Do a cross
search in the county records for the trustee. Even a trust has
publicly available information. YOu just have to crack one....

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