Legal Question in Real Estate Law in California
I had three mortgages on my house. The third mortgage went into forclosure and my house was at auction. The person that bought the house never paid off the first and second mortgage and they are still in my name. It has been 4 years now and no one can tell me how to get these mortgages out of my name?
2 Answers from Attorneys
The only way to get them out of your name is to pay them. You borrowed and received the money; therefore, you are supposed to pay the lender. The fact that you no longer own the collateral you gave for these loans is just another default on your part - you are supposed to pay all debts and obligations related to it. The person who bought the house would pay on these two senior loans to protect his interest, not yours. If he is in default, or has been foreclosed upon, that's his problem. He has no obligation to you.
Mr. Whipple is correct. When a person takes title in California without paying off an existing deed of trust, they take in only one of two ways: subject to, or subject to coupled with an assumption. If the lender never approved the new owner assuming the note, you are still personally liable on the notes, and the property is still subject to the two senior trust deeds.