Legal Question in Real Estate Law in California

We recently recieved mail regarding "Rescission of Erroneous Reconveyance" that was recorded in error 2 years ago. They have asked us to sign this but we have not since we are not quite sure what this means. At the same time, we are in the process of a loan modification hopefully avoiding a foreclosure. Today we received "Substitution of Trustee" and Full Reconveyance" documents stating we are the original Trustor but later stating "therefore the undersigned hereby substitutes XXXX Corporation as Trustee under said Deed of Trust." We are now more confused. Can you please provide any type of explanation in regards to these documents I've recieved and does it have anything to do with us possibly foreclosing our home? Thank you so much for any advice and information you have in advance!


Asked on 8/27/09, 11:40 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

This is the kind of thing where you must meet a lawyer in the office in order to see the exact language of the documents and to get true and careful advice. Over the internet, it's impossible to describe. For example, who or which party is the "undersigned"? You? Another trustee company, the bank representative?

From what you've described, it seems as though the bank erroneously reconveyed the house but it was in error. So, now they want to rescind that. Please consult a lawyer as soon as possible.

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Answered on 8/29/09, 3:08 pm


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