Legal Question in Real Estate Law in California
I need notification of Notice of default
I bought a home with my then significant other and I paid the down payment of $11,000 and closing costs and his end of the agreement was to work on the house as it was an extreme fixer upper. His performance of the work would be his interest in the property. The title was in his name as an unmarried man and the seller is carrying paper with just him as trustee. Less than 3 months later we were married and I went on title as Joint Tenant in order to secure a loan on the house to refinance it. One month later we separated and we are now going thru divorce. I have made all the payments on the house to a bank that is doing the collection of the loan for the Trustor but my husband told the bank not to give me any info on the loan. The bank also has refused to give me a current address for the Trustor and I can't get a hold of her. My husband threatened to give the house back or force default on the loan with out my knowledge. My question is what can I file or do to make sure I am notified by the Trustor of any notice of default, and to get a copy of the monthly statement from the bank.
1 Answer from Attorneys
Re: I need notification of Notice of default
First, you may be confusing the terms trustor and trustee. In the California deed of trust world, the borrower is the trustor, the party holding the deed of trust is the trustee, and the lender is the beneficiary. The role of the trustee is passive until the beneficiary declares a default and begins to invoke the powers of sale under the trust deed.
California's Civil Code section 2924b(a) provides for recording a request for notice of default and specifies the required contents. You need to know where (book and page or document number) the deed of trust is recorded (something you can find out at the county recorder's office), and you need to re-record your request every time your mailing address changes.
The requirements are rather formal. If you send me your mailing address, I will send you a blank form that I prepared for my own use and which has been accepted without problem here in my county (Sonoma).
Meantime I should also inquire whether you are doing your own divorce or if you are using an attorney; also, whether you had professional advice (lawyer, broker, etc.) when you "went on title as joint tenant" as you put it. The totality of the circumstances you describe (threats by "ex," etc.) suggest to me that you are in some danger of getting shafted without knowing it. Real estate is valuable and mortgage payments are a heckuva burden. I think you should get a competent and thorough review of your situation, and that the legal fees will look cheap in hindsight a couple years down the road.
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