Legal Question in Real Estate Law in California

I own two parcels of property, immediately adjacent to each other in Los Angeles County, California. The front property has my home and the back property is a vacant lot. My mortgage company made a mistake on the legal description on the mortgage and recorded deed in 2006, exlcuding the parcel that has the home on it, but put it's APN on it. I notifed them, but instead of correcting the deed, they encumbered the property that they excluded without a new deed. They recently foreclosed on both properties. I again complained to them and they filed a corrective foreclosure deed, giving me back the parcel that has the home on it. The tax collector is changing the APN to refect my ownership. Both the legal description and the APN are now in my name. What recourse does the bank have and what are my rights?


Asked on 10/30/12, 7:21 pm

1 Answer from Attorneys

I'm afraid your question makes no sense because you don't seem to understand land titles, which is not surprising since it's not easy to understand. But for example, a mortgage company cannot encumber a property, with or without a new deed. They can't correct a deed either. Similarly a "legal description" cannot be "in my name," and APN's have nothing to do with title; they are aids to searching for parcels and keeping records, but they are not binding for any purpose except who gets sent the tax bills. You really need to go see an experienced real estate attorney who has land title experience, preferably someone who has worked for or with title companies regularly.

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Answered on 10/30/12, 11:38 pm


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