Legal Question in Real Estate Law in California

Re: Force a foreclosure?

What did you sign, and why was it 'erroneous?' Do you mean fraudulent? Did you sign as lender or as borrower? If you were not an owner of record, of course, you could not execute a deed of trust, since you have nothing to deed.

I think there are some facts missing here; you do need legal advice but without the full story it is not possible to advise accurately.

The time line for a foreclosure is set up by statute; the minimum time from notice of default to foreclosure sale (trustee's sale) is just a hair under four months. Beyond this the process cannot be accelerated, but it can be slowed either by the trustor's acts or by laxity on the part of the foreclosing trustee or beneficiary or simply because the current volume of delinquencies is clogging the system.

Again, my sense is that you are in an entanglement and need sound legal advice, but I can't properly assist you from afar based on the scanty facts given.

Re: Force a foreclosure?

Assuming that you loaned money secured by a second trust deed, to protect your security interest in the property you will need to reinstate the first mortgage and foreclose you trust deed. The legal expenses should be includable in your action to foreclose your trust deed.

I'm not sure what you mean about the defective nature of the second mortgage. You mention something about stating you are a resident. If this means that you signed for a loan secured as a second and represented to a lender you were a resident, your problems may be even greater as you may be personally liable to the second trust deed holder if his lien gets wiped out by the foreclosure of the first mortgage.

Hamlet says to Ophelia, "Get thee to a nunnery. My advice to you . . . "Get thee to a lawyer."

An old maxim of the common law states, "A good deed never goes unpunished." Yours seems to be such a case.