Legal Question in Real Estate Law in California

Re: Mortgage privacy

Lenders record deeds of trust and mortgages with the county recorder in order to give general public notice of the existence of the lien. Therefore, the existence of both the first and second loans would be public record, and anyone who wants to make a trip to the courthouse can look them up with a little knowledge and effort. However, the information available, although it will show the original amount of the loan, will not show the current balance, since the periodic payments you make to reduce your balance are not recorded or recordable.

Re: Mortgage privacy

The outstanding balance on a mortgage is not a matter of public record. Neither the County Recorder's office nor the title companies keep track of the balance of outstanding mortgages.

The fact that a person has a second mortgage will be public information, because the deed of trust securing this obligation will most often be recorded at the County Recorder's office.

If you are current on payments, the real estate agent may have contacted the bank and masquerated as a refinancing lender or an escrow officer in a purchase and sale transaction, and inquired as to the outstanding balance.

If I were you, I would contact speak with your bank.

Very truly yours,