Legal Question in Real Estate Law in California

grant deed

My husband and I were victims of a investment group that was seeking investors that had excellant credit to be used to get foreclosure homeowners refinanced and the new loan would be in the investor's name and we would receive an amount of a certain percentage up front a one time amount to do this and we were told if the home owner defaulted in payments 3 times in a row monies would be in escrow to make the payments and then the loan would get refinanced out of the investorsname. If the homeowner made the payments on time they would after a year get it refinanced back into their name after getting a credit repair so they would qualify. Well this did not happen in our case. The investor had the deed at the beginning in our name as well as the loan was in our name and three weeks later he ask us to sign a grant deed to deed to gift the property back over to the homeowner and all of this was done in a moments notification and we were not aware of what was going on it was all new to us. The BMW group was found to be in violation Corp Code 25110 Sec 25332 corp law of 1968. How can we get the deed back into our name so we can sell the house due to the homeowners will not comply and the payments are always late


Asked on 11/14/06, 7:28 pm

1 Answer from Attorneys

Judith Deming Deming & Associates

Re: grant deed

This is a scam which has been around for years and it, or a variation, resurfaces whenever loan interest rates start creeping up. It is a form of loan fraud and you likely assisted in getting a loan on property that had an improperly inflated value and wherein loan fees were taken out by the group; the worst move you made was to deed the property back to the "investment group", as now the loan is in your name, but you do not hold title to the property! This is fraud and is in violation of more than one federal law, and you could file criminal complaints with the authorities, but they often don't prosecute because they are overwhelmed with other matters and can't understand complex crimes of this nature. If the "investment group" is still around, you can sue them, but it is likely that they have taken off and/or hold no title to anything in their names. You can sue the homeowners, but until you get a judgment, you have to make all payments on all loans or else foreclosure will take place and your credit will be ruined. You should also be aware that a court might find that 1) you were a knowing participant in this illegality, and/or that if you did not know what you were doing was illegal then you have only yourself and stupidity to blame. Take everything you have to a real estate attorney ASAP,OR start making payments, OR resign yourself to foreclosure and ruined credit.

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Answered on 11/15/06, 5:21 pm


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