Legal Question in Real Estate Law in California

I loaned a third party money for the purchase of a home. They have insurance on the property. If someone is injured on the property, am I, as the holder of the first deed of trust, liable for those injuries?


Asked on 8/10/09, 7:38 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I do not know of any case imposing liability upon a person solely because of his, her or its status as a lender to the owner. In general, public liability for negligence depends upon the defendant owing some kind of duty to the plaintiff/victim, followed by injury due to a breach of the duty by defendant's act or omission. Pretty hard for the plaintiff to tailor a case applying these requirements to fit a mere lender's role.

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Answered on 8/10/09, 9:26 pm


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