Legal Question in Real Estate Law in California

2nd mortgage holder refuses to answer Request for Beneficiary's Demand

We have a 2nd trust deed on our house, which we're trying to pay off by taking out a larger 2nd from a different lender. The holder of the note recieved a request for Beneficiary's Demand on April 28th, and the first lender is still waiting for a response. I really want to pay off this loan. What consequences does the first lender face for failing to respond within the 21 days, as specified by the legal code?


Asked on 5/24/05, 6:35 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: 2nd mortgage holder refuses to answer Request for Beneficiary's Demand

The remedy for willful failure to deliver the demand within 21 days is a judgment for $300 plus all damages sustained as a result. See Civil Code section 2943(e)(4) for certain definitions and rules. Sounds like something one would sue for in Small Claims Court.

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Answered on 5/24/05, 6:52 am


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