Legal Question in Civil Litigation in California
lis pendens / loan fraud on 1st DoT
How quickly can one put lis pendens on properties in escrow? I hold the 1st DoTs on a 4-plex and a 6-plex. The defendants are in Pasadena, escrow is by JADE in Alhambra. Not sure whether escrow has been opened, but fast action is needed.
I sold the apartments 10/2004 and have yet to get the first interest payments. The straw men (millionaires posing but they would not be the real owners) want to sell quickly as I can take them back due to their loan fraud.
The first 20 units were already sold - I just heard about it today.
Is there an experienced, aggressive litigator out there who can file lis pendens on the properties? I sure need help!
All it takes is to find out who is behind that ''Trust''. They are dumping the rentals now because they were found out and know they might lose them. ** The difference in value is Conservatively $ 300,000 just for the remaining 10 units. Q: Is there anything which can be done about the SALE of the 20 units on 6/21/2007? APN 061712518 in San Bernardino county
4 Answers from Attorneys
Re: lis pendens / loan fraud on 1st DoT
Lis Pendens can be recorded as soon as you file a lawsuit and gain the right to do so by showing you have an interest in the properties in question in the suit. If you have TD's RECORDED on the properties already, you wouldn't need lis pendens as well, just make sure this escrow company knows of the TD's. I don't think that is what you are asking. If you are trying to stop someone from selling remaining units in the complex, or tie up the funds from those units, you'll have to convince the court to do so, based upon the facts in your lawsuit. Feel free to contact me to discuss the facts, costs and risks of pursuing this. Yes, there are risks, to you clouding their title to other units and losing them a sale.
Re: lis pendens / loan fraud on 1st DoT
If you properly and timely recorded your DOTs that in the first position, you would not need a lis pendens recorded and in fact, to record one would be improper and likely subject you to sanctions by the court.
If the DOTs were recorded properly, any sale of the properties secured by the DOTs would be subject to your interests.
Re: lis pendens / loan fraud on 1st DoT
How did they bypassed you if you hold a 1st DOT on these properties? If it was recorded, as it should have been, then the properties sold to others without paying your 1st DOT will not confer them a clean title. You can still foreclose!
As for the 4-plex and the 6-unit; same story. If you have not recorded your DoTs, then run to the recorder's office on Monday am and get it recorded pronto. If they were recorded, you are protected.
If you'd like to have a consultation, call me on Monday 323*782*0099. If it is an emergency, email me and I'll call you.
Good luck,
Re: lis pendens / loan fraud on 1st DoT
You can e-mail me in details at [email protected]
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