Legal Question in Real Estate Law in California
Is it possible to file a motion to dismiss rescind a notice of default that has been filed with the count recorder? I want to do it on grounds that the loan is frought with fraud and the lender failed to address the issues in my qualified written request until after they filed the default notice. They denied any wrong doing because they only bought the loan, and did not originate it. The law says clearly they are responsible for the fraud,. Of course all of that is separate at this point.
1 Answer from Attorneys
You can not file any such motion. If a default has been entered, you have to move to set aside the default on one of the four grounds allowed [goggle default, set aside, Ca] and have to file your petition with a reasonable period of time not to exceed 6 months. The Motion does not go to the merits of the action, although you can sneak it in by saying that you did not think anyone would take a default when it was obvious fraud had occured. Check to see if a default was actually granted.
You are also incorrect as to the law. The bank does not become responsible for fraud as it did no such act. You would have to show that the loan was voidable/void so the bank took on nothing that could be enforced.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
