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I reside in California. I am in the mist of a divorce and am trying to save my home and have applied for a loan modification. B of A, my lender is requiring my husband on the note to quit claim the propery over to me. He is willing to do so as he wants a divorce, and of course does not want finacial obligations. He does not want to be held responsible for the property because he defaulted in morgage payments and we are in a foreclosue status. The critical question is that I have a promissary note, called a "Separate Propery Note" attached to the Deed of Trust With Assinment Of Rents. The note was never recorded yet is notorized. The original mysteriously disappeared during my marital hardships. My main question to you, does the Separate Property Note that is notorized hold up in court if it was never recorded? ( In addition, I went back to the attorney that wrote the agreement and I recall her stating to me that I need the original, not a copy.) The San Luis Obispo County Recorders Office advised me that I may seek legal help by asking for a Lost Deed of Trust thereby having it recorded. What is my status and what do you recommend? Thank you. Robin XXXXX
The Promissary Note, is called a Separate Property Note. Are they one and the same? The note benefits me and states, " I, XXXXX XXXXX England promise to pay to Robin XXXXX XXXXX (which is me) or order, the sum of One Hundred Forty Thousand and and No/100 Dollars ($140,000.) without interest.
Principal shall be all due and payable on demand, upon the dissolution of my marriage to Robin XXXXX XXXXX, or upon the death of Robin XXXXX XXXXX, payable to her estate as her sole and separate propery, whichever first occurs.
If suit be brought on this note to enforce payment, maker promises to pay costs of suit and such sum as the Court may fix as attorney's fees.
This note is secured by a Deed of Trust." Date. July 22, 2004
Please remember, that I learned today that this document that was attached to a Deed of Trust With Assignment of Rents was never recorded, and the original was stolen from me. I do have a copy. The Deed was notorized yet it was NOT recorded. Is this still a ligitament document? Also, do I need a Loss Deed of Trust, and how exactly does that work? If so, do I need a Real Estate Attorney to write this up for me? I am trying to finalize my divorce and am trying to save my home which is in foreclosure by applying for a loan modification. Since my husband and I have been separated, B of A, my lender, wants him to sign over a Quit Claim Deed and be recorded. My major question is will this void the Separate Property Note that he signed, because it is attached to the Deed of Trust With Assignment of Rents? Thank you for a very detailed response. Also, if I have any further questions regarding this matter, is this covered in what I paid and do I receive all info. from you on this site exclusively, or in my private e-mail?
Thank you for your upcoming feedback. Approx. when should I receive a detailed answer and should I stay on this page or will answer be in my private e mail? Robin Aaron
I see that you rated my service as "OK." Experience tells me that customers who rate at this level are generally not entirely satisfied with the service received. If you require further clarification or assistance with this question, please let me know and I will try to help.
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Did you just receive my note to you today, Friday, June 21st? I can't seem to pull it up on my computer.
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