Legal Question in Civil Litigation in California
Recently had to refinance my 1st mortgage.. which meant my 2nd had to be renogotiated for the 1st to close. the 2nd mortgage holder(individual-private money) took advantage of this and really stuck it to me..the 2nd went to be recorded behind the 1st and the escrow co. did not have my signed grant deed and note for the 2nd(they gave it to me in my folder, i did not even no i had the paper work) the 2nd cannot be recorded w/out this paperwork... i would like to renegotiate the 2nd to a more fair loan, but the 2nd lien holder is threating
fraud..what should i do?
1 Answer from Attorneys
Your post does not make any sense. Refinancing of a first does not require renegotiation of a second if the lender holding the second signs a subordination agreement.
Weren't both refinances handled by the same escrow? Why would the escrow company need a signed grant deed if all you were doing was refinancing? Who were you granting the property to? If someone else was granting the property to you, then it does not sound like a refinance of property you already owned.
I suggest you repost with more clarity, or contact a competent attorney in detail to go over this.