Legal Question in Real Estate Law in California
Have been in same home for 30 years, during that 30 yrs we bought and paid in full the adjacent lot. We refinanced the home in 2006 on just the home. The refi did not include the empty lot. At that time the lender used the legal description of the adjacent lot instead of the home. I noticed them and instead of releasing the empty lot; they recorded on both properties. I didn't realize this until this year, when they foreclosed on both properties. I again complained to them and they recorded a corrective deed on 10-18-12 and removed the home, keeping the vacant lot in the foreclosure. What should I do?
3 Answers from Attorneys
If no innocent third-party buyer has been affected, a court can us-do the errors and oblige the lender to file proper corrective documents. However, writing up the necessary application to the court would probably require a lawyer's services. You should also try to retain a lawyer with sufficient real estate foreclosure experience so that he or she can review your default and advise you on how to clean up the conditions that caused the lender to initiate foreclosure in the first place. Finally, a lawyer could advise you on whether or not you could appropriately seek money damages for the lender's negligent clouding of your title (slander of title).
Why would you want to do anything? Would you prefer the bank foreclosed on the house and left you with a vacant lot? If for some reason that's what you really want, then Mr. Whipple is right that you would have to go to court and have the court order corrective deeds filed. Otherwise, unless the lender tries to do something, sit back and enjoy your free and clear house and let the lender have the lot.
I agree with Mr. McCormick. They could only foreclose on the property that was the security, which in this case sounds like the adjacent lot. If they have released your home from the foreclosure, be happy. I would suggest speaking to an attorney, however, and having him or her review the matter to ensure you are protected.