Legal Question in Real Estate Law in California

Re: Can a Title Company file a Deed on property not funded

Filed a deed? Possibly you have mis-identified the document. A deed would have to be executed by you as grantor and given to a buyer, the grantee, for recordation. More likely, the lender has "filed" (recorded) a Notice of Default.

I suggest you have the real estate person or someone give you a better description of what was "filed" and then get back to me.

If a foreclosure is under way, and it sounds that way, you should be receiving notices by certified mail and, more important, you should do something about it, especially if you have equity in the house and/or have an opportunity to sell it voluntarily at a price you consider acceptable.

Maybe the prospective buyer could advance enough cash to pay off the deficiency and shut off the foreclosure. This might take some negotiation with the lender if the loan has an acceleration clause, but most lenders would rather be brought current than pursue a foreclosure.

I'm sorry I can't be of much help without having what's going on described to me using the proper terms for the documents and processes. I recommend getting your real estate professional to help you with these details, then write me or get a free initial consultation with a local real-estate lawyer.

Re: Can a Title Company file a Deed on property not funded

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.