Section 12 Unknown Parties

• Library: Real Estate Fundamentals 2011

If a deed of trust is to be quieted or eliminated and the holders are unknown, the action should include “the unknown holders” of the deed of trust and notes, describing the deed of trust by parties, date, and book and page where recorded.

Although Rule 54.12(c)(2) provides that “[i]t shall be sufficient to name or describe unborn or unknown parties as the heirs, grantees or successors of the person to whom the property to be affected was last known to have been transferred,” there may be cases in which...