Legal Question in Real Estate Law in California

Re: contract under duress...

Unfortunately, with the few facts you provided, I'm not entirely sure you were under duress to sign the loan agreement. Yes, you were under duress to get the assailant money, but taking that to the next step of saying you were forced to sign the loan documents is a pretty big leap legally. Unless the person who threatened and assaulted you was the one who made you sign the loan documents (standing over you at the time you signed them, or was the broker offering you the loan), I'm just not sure you have a very solid defense to the loan. You will want to speak with an attorney in your area to go over the specific facts, but I believe there needs to be more of a direct connection between the threats and the mortgage loan. I assume you were the one who posted the prior question about hard money loans - all the more reason for you to consult an attorney - not one of these non-legal outfits that does mortgage modification - to review your loan and see if there were mistakes made that could open the door to some modification of the loan, or if you have the basis for setting the agreement aside entirely. I do wish you good luck - as I mentioned in my prior email, it was a bit harsh, but these facts needed to be included in the prior post to fully understand what you were trying to ask. What happened to you is aweful, but you are really going to have to work hard and retain very competent counsel to help you through this situation. Again, good luck.

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Re: contract under duress...

Go file a criminal complaint with the police with whatever proof you have of your allegations. Based upon my understanding that you've been sued by the lender for non payment, then to 'set aside' a contract, you'd have to either negotiate a settlement using that defense, or go to trial with your evidence. Get yourself a good attorney, you're not going to get far as a pro per.