Legal Question in Real Estate Law in California
A bank put a lien on property that's in a trust
I myself and parents was on the deed, put in a trust. My father passed away in 2001, at that time my Mother signed her part over to mr during probate. My Mother went to a bank for appication for a loan. At any time did she sign these final papers. She has never reiceved any payment letters, letters from this bank. I went to bank to see about my account, statements was being sent to branch, I saw payments they was taken out for this loan. Along with money that had been called over phone and withdraws of alot of cash. I tried to talk to them, next day loan oficer and manager and asst manager were fired. This was over a year ago. I found at the bottom of the recorders office one paper where somene signed my mothers name. Lmow are forclosing, without notice to her or me. I am thr trustor and trustee. Before my father died. Whats my rights. Thank you
1 Answer from Attorneys
Re: A bank put a lien on property that's in a trust
Your facts are very complicated and very difficult to address. With a pending foreclosure, it sounds like you need to see a local real estate attonrey right away to file litigation to postpone the sale. You may need to initiate litigation, record a lis against the property and commnece discovery if the bank won't cooperate with your investigation. I would do this NOW, before the foreclosure sale occurs.
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