Legal Question in Real Estate Law in California
Real Estate Note secured by a deed of trust
I am one of three owners in a joint RE Transaction. Property is free and clear. two of the owners secured a note by a deed of trust without my signiture. Is this legal and will it hold in court of law.
2 Answers from Attorneys
Re: Real Estate Note secured by a deed of trust
I'm not sure what you mean by a "joint RE Transaction". A joint tenant or tenant in common may encumber their interests in real property. I recommend you contact a real estate attorney to discuss the specifics of your question. Good Luck!
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Re: Real Estate Note secured by a deed of trust
Unless you gave the right to the other property owners to encumber your interest, your portion of the property cannot be sold at a non-judicial foreclosure. So, in order for your portion to be sold, the note-holder would have to sue in a court of law.
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