Legal Question in Real Estate Law in California

RE: Lien on property

Hello a few clarifications to a question I posted.

Looking at the paperwork I received, yes it was a substitution of trustee as you said.

We did get an abstract judgement and I have checked it online at the county website.

There is adequete equity in the property and although there are several liens ahead of me I believe there still is enough for everyone to get paid. My concern is why my ex seems to think he was able to switch trustee's as he is claiming and was able ''to sell his property to the bank''. His words. My attorney seems to think he is correct although she is a divorce attorney and not a real estate attorney. Are there any circumstances whereby someone can remove liens and give their property back to a bank? He seems to think so. As you said I agree it appears the beneficiary changed trustees but my ex is saying he is responsible for the change as well. How can I make sure my lien will be paid if they forclose? Any advice? Thank you.


Asked on 4/08/08, 12:21 am

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: RE: Lien on property

If they foreclose a prior lien, you lien will be wiped out. That doesn't mean the debt is wiped out. YOu can preserve you lien by paying the debt being foreclosed.

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Answered on 4/08/08, 1:21 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: RE: Lien on property

If they foreclose a prior lien, you lien will be wiped out. That doesn't mean the debt is wiped out. YOu can preserve you lien by paying the debt being foreclosed.

Read more
Answered on 4/08/08, 1:21 am


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