Legal Question in Credit and Debt Law in California

personal loan

I leant my sister and her husband $25000.00 last Sep,so they wouldn't lose there house and cars.I had only 3 days to get them the money and didnt put a lean on the house to secure my loan with them. About two months ago,my sister went and got a hard loan against their house,so that would be the 3rd lean on their house as of today, and 2 weeks ago she quit her job. When I told them that I was going to put a lean agints the house they fliped out.So not even a year later they are back in the same financial boat.Do I need their signature to place a lean aginst their house? If not what paper work would I need? Thank you M--name removed--


Asked on 6/05/04, 2:48 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: personal loan

The real estate lien (trust deed in California) normally needs notarized signatures from the borrower(s) before it can be recorded. If they refuse, you can instead sue them and get a judgment, which can then be recorded and will have the same effect as a lien against the property.

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Answered on 6/07/04, 12:49 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: personal loan

They need to sign a trust deed.

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Answered on 6/05/04, 10:24 pm


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