Legal Question in Real Estate Law in California

Re: Can my own attorney put a lien on my property?

It depends on your retainer agreement and whether or not the attorney made the requisite disclosure to you. An attorney cannot record a deed of trust creating a lien on your property unless you signed the deed of trust as the trustor. If you did not do so, their is clearly fraud and or forgery involved.

Additionally, California Rules of Professional Conduct rule 3-300 states that an attorney may not obtain a security interest adverse to the client unless - the transaction or acquisition and its terms are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in a manner which should reasonably have been understood by the client; and

(B) The client is advised in writing that the client may seek the advice of an independent lawyer of the client's choice and is given a reasonable opportunity to seek that advice; and

(C) The client thereafter consents in writing to the terms of the transaction or the terms of the acquisition.

There is case law that states that you can void the transaction at your option if the attorney has failed to comply with these provisions.

Very truly yours,

Re: Can my own attorney put a lien on my property?

A "deed of trust and assignment of rents" is the full name of most deeds of trust. They are technically separate concepts, but in real life all deeds of trust include an assignment of rents; it's pre-printed on the form.

Placing a deed of trust on property is a voluntary act of the owner. Unless you have given a power of attorney, your lawyers can't do this without your active involvement.

As I said in my answer to what must be your earlier expression of the same question, I think there are some facts missing here, or a misunderstanding, or a major case of fraud.

The issue is NOT how many properties are subjected to lien, or their value in relation to the debt claimed. The issue is whether the type of lien is possible at all. I would say it is not, but I would add that somewhere here there is a major misunderstanding on your part, a major unmentioned fact, or big-league fraud. Who knows which? Not I!!

Re: Can my own attorney put a lien on my property?

It seems overreaching by the attorney for putting on a lien for two times the amount of the debt. To put a lien on property owned by a client, there are certain formalities that also must be followed. We would have to review the bill, liens, retainer agreements and other paperwork supporting the liens. Please call us if you have any more questions.