Legal Question in Real Estate Law in California

Note filed on Residential Real Estate Property

Two years ago I filed a 2nd on a personal residence to secure my position on financing to this individual who's business applied to me for a lease. I looked up the property and found out the real estate property had been sold without notifiying me of sale.

Do I still have recourse after property was sold two years ago?


Asked on 9/13/02, 8:01 pm

3 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Note filed on Residential Real Estate Property

You still have a 2d, so long as it was recorded properly. You may now commence foreclosure proceedings--the current owners probably have title insurance to pay off the second. A bigger issue is how the title insurance company could have made such a blunder? It is more likely that you are the one who blundered and not the Title Insurance Company. Do you have a file--marked copy of the lien recorded against the property? I would like to see it to make sure it is accurate.

Read more
Answered on 9/13/02, 8:08 pm
Larry Rothman Larry Rothman & Associates

Re: Note filed on Residential Real Estate Property

You may have a case. Please fax me your documentation to 714 363 0229 and I will provide you with free consultation.

Read more
Answered on 9/13/02, 9:18 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Note filed on Residential Real Estate Property

Sure. If the second was properly recorded, the new owner takes the property encumbered by the lien. You can foreclose the lien if the lease payments it secures have been breached.

Let me know if you need assistance in this.

Read more
Answered on 9/18/02, 7:08 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California