Legal Question in Real Estate Law in California

I have a private first that is not recorded and a second mortgage that is recorded from Bank of America. The loans are more than the house is worth. Can I get the second removed?


Asked on 1/16/13, 1:38 pm

1 Answer from Attorneys

If it is not recorded it is not a first, unless BofA knew of it AND knew that it was secured by the property. That is beyond unlikely. So the answer is "no," you can't remove the BofA loan except by paying it off.

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Answered on 1/16/13, 2:04 pm


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