Legal Question in Real Estate Law in California
B of A says they own my mortgage but they will not show me the original note that I signed and they did not record the mortgage transfer at county records as required by law. I am current on payments and not in default nor forclosure.
Can I sue to force B of A to record said mortgage transfer and comply with the law?
2 Answers from Attorneys
There is no law requiring recording of a mortgage transfer on the county records, and there is no law requiring them to show you the orginal note. So, NO, you can't sue them unless you want to be fined for filing a meritless lawsuit.
I agree with Mr. McCormick.
There is no document required to be recorded for a transfer. The transfer of the promissory note operates to transfer the deed of trust, as a matter of law. "The assignment of a debt secured by mortgage carries with it the security." (Civ. Code, sect. 2936.) By case law, this has been applied to deeds of trust. "Consonant with the foregoing, we note the following established principles: that a deed of trust is a mere incident of the debt it secures and that an assignment of the debt 'carries with it the security.'" (Domarad v. Fisher & Burke, Inc. (1st Dist. 1969) 270 Cal.App.2d 543.)
If you want to press the issue, I suggest you submit a beneficiary demand to Bank of America, pursuant to Civil Code section 2943.
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