Legal Question in Credit and Debt Law in California

Re: Church Trustee and Loan Default

It's really going to depend a lot on what the loan documents say. Some institutional loans (churches, schools, etc...) ARE recourse loans, which means that you may have individual liability. I'd suggest that you have the loan documents looked at by an attorney to determine what potential exposure you may have.

What you are referring to is the statute of limitations on a claim for construction defect. There are actually two different statutes of limitation for construction defect. First, no claim can be filed more than 10 years after the construction is substantially completed. This is a legislative protection for builders from potential unlimited liability for the product they build. The second is a one year statute of limitation for claims from the date that you actually knew, or reasonably should have known about the defect and the damage to your home. Without reviewing the particulars of what is going on with your house, I cannot comment on whether the leak you describe is sufficient to give rise to a valid claim, but it is worth your talking to a construction defect attorney to see if the claim is sufficient to file a lawsuit.

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Re: Church Trustee and Loan Default

He could be if he signed a personal guaranty, if he breached his fiduciary duties as a trustee, or if he committed fraud. Other than that, it is unlikely.

I am assuming you are not talking about a trustee under a deed of trust. That trustee would be the trustee for the bank. He would have an obligation to commence foreclosure proceedings or substitute in an attorney to commence the foreclosure process for him.