Legal Question in Real Estate Law in California
What do you do when a bonding company gets a default forclsoure on your property from a deed of trust signed over six years ago, and you made the payment. i have provided the surety company, forclosure company and the boning company statements of the payment, but no one will respond in the mean while this scam of a forclosure is still over my head.
1 Answer from Attorneys
It sounds to me like you purchased property, and an "ancient" mortgage or deed of trust was recorded on the property. During escrow, the holder of the mortgage or deed of trust either could not be contacted or did not respond to a payoff demand statement. It could also mean that the encumbrance was paid off, and the lender did not have a reconveyance issued.
In those situations, the title company usually requires a bond before signing off on the transaction. The bond is supposed to be looked to if the holder of the encumbrance shows up demanding payment.
I suggest you speak to a competent real estate attorney in your area, and have the relevant documents reviewed.
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