Legal Question in Real Estate Law in California

Property lean

I bailed out of jail in 2001, and put a lean on my property for the remaing balance which was 2,000. I stopped making any payments due to being unemployed, and the bails bond recorded my property in forclosure or default. So now he says i have to come up with 5,000. Thats interest & forclosure fees plus balance due. I asked if he would make some kind of payment arrangements with me. But he refuses, but the bail bonds man keeps telling everybody my business, some guy called me yesturday telling me he wanted to buy my home that the bail bonds man told him all about what was going on, this was not the first incident like this. Help


Asked on 9/17/05, 1:13 am

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Property lean

There are a number of possiblities here, including a Chapter 13 bankruptcy, which is a court-ordered repayment plan. It is difficult to comment further without reviewing your documents, so feel free to contact my office for a free consultation.

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Answered on 9/17/05, 11:45 am
Judith Deming Deming & Associates

Re: Property lean

I do not understand exactly what your inquiry is; if you are asking whether the bailbondsman can do what he is doing, yes, he can. If you are asking if he needs to "cut you some slack" by working out a payment arrangement for you, no, he does not need to do that. With respect to "telling everyne your business", it is likely that he has published the Notice of Default and is getting inquiries about the foreclosure sale from members of the public and is simply referring them to you; the fact of the lien and the fact of a pending foreclosure sale are a matter of PUBLIC RECORD and are recorded with the County Recorder and there is nothing private or confidential about these facts. If you have equity in the house and can get a loan to pay him off, you should do so; if you cannot qualify for a loan, then consider selling the house ASAP, as foreclosures do not take long to accomplish in California.

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Answered on 9/18/05, 5:47 pm


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