Archive for April, 2010
Deed Of Trust Release
April 29th, 2010
Question: Can i file for invalid lien on house?
Filed bankruptcy in 2006. Bank didnt sieze the house, my Deed of Trust only has my name on it now. Tried to sell house for junk (its trashed by vandals) but lien on house. Called bank, they said they have no interest, or any rights to house. So i asked for lien release. They said no they will just let it sell in Back taxes and let the Gov. force them to release the lien they didnt want to release it to me.
We made an app. to meet with a bank rep at our local title company and asked what it would take to release the lien on the house. We were willing to pay, the bank rep got rude and said nothing, the bank has no interest in releasing the lien at all, or taking possession of the house. Im still responsible for city forced Insurance and upkeep (if not ill get a citation because the house is in Historic section of town).
Can i force an Invalid Lien because of their actions??
Answer: IF a person has a lien on property that you believe is invalid, you can file a lawsuit called a: Proceeding to Quiet Title.
You serve the Bank, and let them hire a lawyer to object, or not, as they decide. I have insufficient facts to determine whether or not their lien is valid (usually a security interest is valid despite bankruptcy).
Without knowing state, and more facts, I cannot provide additional information. You might do a little research for "proceedings to quiet title" in real estate actions.
[The net result of these proceedings are that the Judge orders, and there is filed, a Judgment saying that you hold the title free and clear of all previously recorded encumbrances EXCEPT those that he finds are valid. Its a somewhat specialized proceeding, and legal help is recommended. On the other hand, if its a cut and dried as it sounds, you may be able to proceed pro se).
Note, Mortgage and Deed of Trust Explained
Posted in Deed of Trust Basics | 
Tags: colorado deed of trust release, deed of trust release | 
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Deed Of Trust Grantor
April 10th, 2010
Question: Question about quit claiming a deed.?
I have a property in Florida. It is owned by my mothers trust. She has now passed on and I am the Trustee and Grantor of the trust. I need to get the property quit claimed to myself. Will I need to have a lawyer do it? And since I am located in another state, is there a way that I can do it without going to Florida? Any help is appreciated.
Answer: sorry on your loss. if your mom owned a piece of property and deeded that property in the name of her trust then the trust is the owner of the property and upon her death it would be disposed of in accordance with the trust document. you say you have been named successive trustee, but you can not be the grantor as the person who establishes a trust and provides the assets and property to the trust is the only legal grantor (there is no successive grantor, in the case of trustee) the property should not need to be quit claimed and you should only need to contact an attorney in the county of your mom's residence (preferably the one who drew up the trust) to set the wheels in motion to fulfill your responsibilty and obligations as trustee of her trust, and perhaps executor/personal representative of her estate
Trust Deed Ca
April 7th, 2010
Question: CA Child Support Liens - Quit Claim Deed - Sale of Property?
Thank you Andy for your answers to Shays questions and also for pointing out that we may need legal counsel but do not want to seem totally ignorant when we have a short consultation.
I have been doing some self help research on this type of case and have not come up with any solid answers to my questions.
My x-husband owes me $60,000.00 in back child support, he had 40 percent ownership of 3 houses left to him by his grandmother. He had an active lien on him and still does. However he quitclaimed the property over to his father to a family trust. The father turned around and sold the houses. I just learned this and it has been one year. The liens have been in place well before any quit claim deed was signed.
His father knew of the liens. I am trying to do any research I can to see if I even have a case before consulting an attorney.
If anyone has any information on this subject I would be grateful.
Thank you
Answer: You can read a case where transfer of real property (in this case to a spouse as a division of marital property was found by the Calif. Supreme Court to be a fraudulent transfer: Mejia v. Reed, 31 Cal. 4th 657, 74 P.3d 166 (2003) http://uniset.ca/other/cs6/74P3d166.html
California has interpreted its Uniform Fraudulent Transfer Act quite broadly and also (unlike other states) has read the 4-year statute of limitations not to begin running until judgment is had for a debt (or the transfer occurs, whichever is later). If you want to get an understanding of fraudulent transfer law (which has nothing to do with "fraud" except insofar as the hiding or coveyancing of assets is deemed a "fraud on creditors", a concept dating from Elizabethan times ("Statute of Elizabeth"), go to this site: http://www.fraudulenttransfers.com/ It won't substitute for years of law school, but you should find it helpful if you have the time to wade through it.
7. California Trust Deed Investing: Hard Money Loan Examples