Legal Question in Banking Law in California

I have a Loan Mod w BofA that was never Recorded, thinking it's not fully executed/notarized on BofA's end. I signed/notarized April 2010. Gonna try to Record on Dec 21st. They Recorded Default Notice Nov 21 after I declined Short Sale. Gonna get Recordations on Property. I have followed Proprietary Loan Mod and they have not. Got Certificates to file Chapter 13. Thinking of getting and Recording Homestead Exemption because I don't trust BofA, lied to me and my Credit Counselor(3-way call) about me having MHA(Dec 2010). On CAHomesteadExemption.com saw your post about free consultation. We are on Disability and we can't afford atty. Legal Aid won't help us(will contact FED GOV). If you can't help that's OK, I have to do it myself anyway. Thinking Homestead might exempt home or part of it. [email protected] 2906 Peerless Avenue Bakersfield CA 93308 (661)829-6375


Asked on 12/10/11, 4:58 pm

1 Answer from Attorneys

The homestead exemption applies regardless of whether you record it or not. Recording identifies the property you claim as your homestead, when you own more than one. That's about it. Furthermore, the homestead exemption has no application to and provides no protection from voluntary liens, such as mortgages. So I strongly suggest you focus your energies elsewhere.

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Answered on 12/11/11, 5:57 pm


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