Legal Question in Real Estate Law in California

2nd Deed of Trust Recording

In 1997 I lent my brother $12,000 secured by a California 2nd deed of trust. I never recorded the deed of trust, and he never paid me. I found that in 1999 he gave his girl friend a quit claim deed to the property, eventhough the first mortgage loan is still in his name. Can I now record the 2nd deed of trust, and foreclose to get my money?


Asked on 12/29/01, 3:32 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: 2nd Deed of Trust Recording

You may have to file a complaint for breach of contract as the deed was not recorded. Statute of limitations may be an issue. Get representation as quickly as possible. Please call me directly at (619) 222-3504.

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Answered on 12/31/01, 6:34 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: 2nd Deed of Trust Recording

Chances are, yes. I would record right away.

Why did he quit claim to the girl friend? If she is not a bonafide purchaser who paid value for an interest in the property, then she cannot eliminate the obligation by your brother.

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Answered on 12/29/01, 4:13 pm


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