Legal Question in Real Estate Law in California

Re: Legal contract

of course not --- what are you thinking --- and this is your house??????? by the way how is tinkerbell --- i have been practicing real estate law for over 30 years so if you need help, no when you become aware you need help i can be reached at 925-945-6000

Re: Legal contract

No.

Re: Legal contract

Unlikely. Your mortgage most likely has a provision that says it can only be modified by a written signed by both parties. Not collecting the mortgage for a year would be considered a material modification of the mortgage.

Re: Legal contract

The situation may not be as clear-cut as the previous answers suggest.

First, however, if I were an attorney handling a matter like this, investigate why you haven't heard from the lender. If the lender is an individual, is he still alive? Or, possibly, the lender can't locate you. In short, it is very unusual not to have heard after a year of non-payment.

Next, silence in response to a proposal to modify a written contract doesn't modify the contract.

However, if legal action, such as a foreclosure, were brought against you, your attorney MIGHT be able to assert a defense called "waiver" on your behalf.

If you have equity in the property securing the loan, my advice would be to do two things: (1) check the legal status of the property at the county recorder's office to see whether there are any recent filings against it, such as a Notice of Default or something else that reflects your non-payment or otherwise clouds your title. (2) get in communication with the lender to find out what her, his or its view of the status of matters is --- in the long run you can't benefit from ignoring the ticking time-bomb of non-payment.