Legal Question in Real Estate Law in California

We had refinanced our property after lot split from 5 Ac parcel to (2) 2.5Ac parcels and our loan was sold and now Wells Fargo thinks they hold note to both parcels. We have legal docs detailing what was being held as our home on parcel #1 for our loan. What do we need to do. Thanks for all your efforts.


Asked on 9/27/11, 2:55 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

What Wells Fargo "thinks" is ultimately unimportant. All that counts in the final analysis is what property is described in the deed of trust you signed to collateralize the loan. Get a copy of it from the county recorder and see what the property description includes, and doesn't include! Often the legal description of the collateral property will be in an attached Exhibit A.

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Answered on 9/27/11, 3:23 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Whipple. What is relevant to the issue is what the legal description is in the deed of trust. The lender can't have a security interest in property that was never given to them. If you have a problem in the legal description, I suggest speaking to a competent real estate attorney.

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Answered on 9/30/11, 2:11 pm


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