Legal Question in Real Estate Law in California

TO WHOM DOES A LENDER "OWE OF DUTY OF CARE", IN AN "UNUSUAL "BORROWER'S SITUATION??

It is Crystal Clear, that under TILA, a Lender Owes "NO Duty Of Care" to a Borrower.

But what about a situation where a Borrower's Loan was based on Title to a property stolen by the Borrower from the "True Owner", and the Lender had "Actual or Constructive Notice" of the True Owner's Ownership "Recorded" PRIOR to the Fraudulent Title Transfer and Loan that was done?

Besides the Borrower's Liability, is there a specific Provision or Clause under TILA, that would state exactly to "whom" the Lender's "Duty Of Care" would LIE?? Or would ONLY the Representative Title Insurer, and/or Private Guarantor covering the Loan for the Lender (when there can Be NO Foreclosure), be simply be held Liable to the "True Owner" in this situation, OUTSIDE of TILA?


Asked on 10/22/12, 5:00 pm

2 Answers from Attorneys

More gibberish. You need to stop posting nonsense questions using legal terminology you don't understand completely incorrectly and see a lawyer in person.

Read more
Answered on 10/22/12, 11:11 pm

By the way, I maintain facilities in Carlsbad for handling cases in Southern California. So if you are serious about actually getting help with these issues you keep posting about, feel free to contact me. There may be something that can be done, but as your previous posts indicate you have serious statute of limitations issues, and the chances that your claims will be time-barred gets greater with every passing day that you waste time posting questions here that make no sense under the law and proper use of legal terminology, instead of contacting me or any other competent real estate attorney about your problem.

Read more
Answered on 10/23/12, 10:27 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California