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Ask Tina Your Own Question
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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California, There are three adjacent properties: A, & C.

Customer Question

There are three adjacent properties: A, B & C. Approx. 480 Acres improved farm land. Value near $15 million. Lender agreed to make junior loan on Property A (7.71 acs improved). By mistake both Property A & B were listed on the Deed of Trust. Title to Property B (7.55 acs.) was clouded. No funds could be obtained from Property B for needed payment on Property C because of cloud on the title. Settlement Agreement and Court Judgment removed Property B from encumbrance too late to save Property C. Lender of Property A foreclosed on Property B regardless of the Court Judgment removing it from encumbrance. Lender forged and created a Deed of Trust on Property A and sold it to the alleged buyer of Property C and A. Buyer of the forged Deed of Trust foreclosed on Property A and obtained a Trustee's Deed from himself as claimed beneficiary.
Much time has gone by but victims of property loss were without funds and only recently discovered the forged Deed of Trust and the violation of the Court Order which released Property B as un encumbered.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 4 months ago.

How much time has gone by? What is your question?

Customer: replied 4 months ago.
Obviously, you do not understand that time is not barred in a void judgment...So, why ask how much time has gone by unless you are seeking to eliminate me... However, this started in 1993, discovery of the wrong parcel listed on the Deed of Trust was in March of 1996. In 1998, a settlement Agreement was signed by borrowers and lender. In 2000, lender began foreclosure. Two years later after being told many times that it was the wrong parcel, the lender conducted a foreclosure sale on the wrong parcel, May 29, 2002, in total disregard of their own attorney prepared Settlement Agreement and following Court Order for Stipulated Judgment for Quiet Title of the parcel the lender foreclosed upon... So, then, lender later (for claimed defciency) created a forged deed of trust on the right parcel, sold it to the buyer of he first unencumbered parcel and he foreclosed on it too. On June 11, 2001, I had surgery by the VA for spinal cord tumor which was determined to be service connected from when I was in the navy as onsite participant of nuclear weapon testing. I was not in very good shape to fight them. Still have loss of sensory perception. 15 years ago now. I am now 80 years old but need to get this property back for my family. So, the question is: Can you handle this kind of issue?
Customer: replied 4 months ago.
There is more property to recover...454 acres of improved farm land, tree fruits and nuts... Values in this area are around $30,000 to $35,000 per, between $12 to $1 million plus damages incurred. Payment on loans were prevented...
Expert:  Irwin Law replied 4 months ago.

No, we at JA do not handle cases. We can only provide legal information. That is why I asked if you have a question. It sounds like you need a good local real estate title lawyer/litigator, not on line information. I wish you the best of luck and an enjoyable Memorial Day weekend.

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