Legal Question in Real Estate Law in California
I want to know if the bank says the holder of our note is an outside investor, but the note it self says it is the bank, how should we proceed. They do not want to do a modification on the property because they say it is an investment property.
1 Answer from Attorneys
I assume the bank sold the note to someone, which banks often do. That does not change any of the terms of the note but it makes it less likely that you can get anything done as you normally must get both to agree to any changes [banks frequently sell the note but retain the servicing as that is more profitable because they collect the late fees, earn ilnterest off of impound accounts, etc.]. The note holder does not have to agree to any modifiction unless you come under a particular government program; as far as I know none of the legislation enacted or proposed helps investors as opposed to home owners.