Archive for the ‘California Deed of Trust’ Category
Deed Of Trust California Form
June 27th, 2010
Question: Medi Cal Fraud and Perjury Who Do I report this To?
Who can I call to report someone who has committed Perjury? They are going to a child support hearing and lied on all their documents, Even though it clearly states, “I declare under penalty of perjury under the laws of the State of California that the information contained on all pages of this form and any attachments is true and correct.” Yet they still sign the documents.
They lied about their source of Income. They claimed that they don’t have any assets, income, property taxes; when in fact they do. And they are obligated to pay over 50k in Mortgage payments. I have seen their loan documents and Trust Deed and know they have a car worth 20k that has been paid in full.
Who can I call to report this too?
Also it's noteworthy to mention. They did the very same thing to get Medi Cal services, not disclosing any source income nor reporting their house.
Taking advantage of our Gov. Assistance. .
Answer: i don't blame you for being upset. it's,not how i like to see my tax dollars being spent either. there must be a hot number to the department of public aid/medicaid,etc that you can get some justice here. good luck lone rider.
Inexpensive Divorce Solutions, Ed Sherman, Divorce Expert Attorney
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Deed Of Trust Ca
May 1st, 2010
Question: if my home loan was never recorded 2 yrs ago; can i just walk away??
the new lender never recorded the Trust Deed (ca). the old loan was paid off; but it still appears as the trustee name on the tax records.
of course they will hit my credit; but if nothing was ever recorded; cant i just get a lawyer or credit specialist to fight it/ fix it....since w/o being recorded they have no recourse.
fyi; ca is a non recourse, non judicial state...meaning they cant come after any personal stuff (assets/wages/ect)besides the home.
Answer: No, you can't just walk away. Recording the loan only puts others on notice of its existence. Not recording it does not make it invalid, it just doesn't put others with an interest in your property subject to it's priority if you were to default. Since you have actual knowledge of the loan you can't use this to escape your liability.
Even if your loan is not recorded it is still a legal contract and represents a liability you owe. If you walk away you could be sued for the balance of the loan and any other contract damages that are foreseeable. If the lender obtains a judgment they may not be able to execute against your property through foreclosure but they can still execute the judgment against anything that is subject to a judgment, including the home. I
This is much more than just an issue with ruining your credit. It is about protecting all the assets you own against a judgment lien. Get some advice from a lawyer on whether the loan is valid. If it isn't, don't walk away but get a court to declare that you don't owe the debt and record that judgment in your property title. But if the loan is valid and you are not bankrupt and can pay it, pay what you agreed to pay, as you ethically and legally are obligated to do.
2. California Trust Deed Investing: Trust Deed Investment Basics
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