Legal Question in Real Estate Law in California
Can a lender insert a clause in a real estate loan prohibiting a second note after the original documents have been signed?
Asked on 5/07/13, 10:14 am
3 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
I disagree. A lender cannot add additional terms that are different than what the parties originally agreed to.
Answered on 5/07/13, 12:48 pm
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Both of these lawyers are experts. They occasionally have somewhat differing opinions, but not this strongly in opposition. I'd think Mr. Roach is more likely correct, but I'd hesitate to say that Mr. McCormick is for-sure wrong; maybe he knows something we don't. Maybe more facts are needed to give a correct answer.
Answered on 5/19/13, 6:56 pm