Legal Question in Real Estate Law in California
In California is it legal to transfer a property to a trust if the property is in foreclosure (that is, after the filing of a Notice of Default)?
3 Answers from Attorneys
What is the purpose of the transfer? If it is to prevent the foreclosure then it probably is voidable. Of what advantage is it to make the transfer; the mortgage payments still must be made and until you inform the bank of the change any information you receive would be deemed to have been also received by the Trust.
It is legal, and it won't stop foreclosure. The deed of trust remains a lien on the property, which is now in trust, and still subject to the deed of trust. Furthermore, you would still be personally liable on the note.
The previous answers are correct but a bit unclear. Whenever property is sold or otherwise transferred it goes to the new owner, whether a person, business or trust, subject to all rights and claims against it, including the right of a mortgage holder to go through with a foreclosure. That is why real estate sales go through escrow: to make sure that the new lender's money goes to pay off all the prior liens so that the new deed and new mortgage go into effect with no old claims still in place. So if you deed to a trust without paying off the old mortgage, the old mortgage continues in full effect and so does the foreclosure proceeding.