Legal Question in Real Estate Law in California

Deed of Trust NOT recorded - Can't get second mortgage

"We applied for a second mortgage, told we were approved. Then received

notice of it being on hold because the title search did not turn up a

deed of trust for the first loan.

The lender of our first mortgage did not have a deed of trust recorded.

And that lender now refuses to do anything about it; I suppose they are

not motivated because they have our promissary note. The Title company has closed shop apparently (they were in Florida - the property is in California)

What action can we take to clear this up? Shouldn't we still be able to

get the second? Seems they would be first in line.

thanks, J.--name removed--


Asked on 2/14/00, 6:52 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Deed of Trust NOT recorded - Can't get second mortgage

The problem with the loan may be the title company, insurer of the security on the loan. You may be more sucessful with another title company.

If you are unable to get the refinancing, then you will have to take legal action to clear the title to your property. You will have to hire an attorney to file a complaint for declaratory relief or some other such cause or causes of action.

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Answered on 2/18/00, 1:51 am


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