Legal Question in Real Estate Law in California

deed of trust

I bought a home in 2001. I had been assured that my loan was a go and had already moved into the area and the house and moved all my household goods and possesions into the house. I was then told that I would have to come up with 20% of the loan in cash. The real estate agent told me he would find me some ''hard money'' to come up with the difference. I was very distressed. They told me they had come up with the money and to come sign the papers. They told me the deal they had was to loan me 18,000. I was to pay them interest only for 3 years at 14% and pay them back 21,500. on Jan 1, 2005. I was frantic and agreed to this. They had me sign a deed of trust and I received a check from the Church of Christ. The only way I had to contact them was a P.O. box so when it was time to file taxes I tried to locate them for a tax ID so I could claim this on my income tax. I called the Church to find the tax number and they told me they didn't know what I was talking about as they didn't loan out money. I finally reached the RE agent who set up the loan and he told me they were non-profit and didn't have an ID. When I refinanced in Jan of this year I was going to pay them off but they never filed the deed of trust. What are my legal recourses


Asked on 12/19/04, 8:54 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: deed of trust

There are so many problems and potential future problems with your deal that all I can say is you need a good real-estate lawyer NOW! This reeks of usury, loan sharking, unlicensed loan brokering, fraud, money laundering, and just plain stupidity. Not you, of course, you are the victim. The whole deal from 2001 forward just sounds way off the straight and narrow.

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Answered on 12/20/04, 1:05 am
Larry Rothman Larry Rothman & Associates

Re: deed of trust

You may have a case. The documents and contracts you have would govern. We would have to review your documentation. Our firm handles cases throughout California.

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Answered on 12/23/04, 7:47 pm


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