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Recent Deed of Trust questions

I filed Chap 7 BK in March 2010 and it was discharged in

Hello, I filed Chap 7 BK in March 2010 and it was discharged in July of 2010. I had a 1st Mort and a non purchase money 2nd Mort. I quit paying both in March of 2010. The 1st finally foreclosed and scheduled a trustees sale. Looking online at recorders office I see that the 2nd Mort Co assigned and transferred to the 1st all interest in the deed of trust. At that time decided to stay in the home so worked with the 1st and become current and have been since then. The 2nd has not contacted me and it has been now over 6 years. Can the 2nd still file suit to recover or has it passed the statute of limitations? If it has will I see a release of the deed of trust? Thanking you in advance for your input. thanks. Paul

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Maverick

Doctoral Degree

6,408 satisfied customers
Is it possible to foreclose on a house with a second

Is it possible to foreclose on a house with a second mortgage not being paid and first mortgage is? And if so how can you be evicted if second mortgage company has not paid off first mortgage company in foreclosure that you are still paying?

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DrakeLAW

Juris Doctorate

554 satisfied customers
My father owns a house in Arizona Pima County, but lives in

My father owns a house in Arizona Pima County, but lives in Ohio.There is a $70K principal balance owed on the Arizona property.A relative who is going to be the sole beneficiary of the Arizona house upon my fathers death, got him to sign a Beneficiary Deed. Here is my worry. Does this Deed that is held to Arizona Law, require that the house be paid in full from my fathers assets prior to the transfer to the beneficiary? In other words, is this a really sneaky way to obtain a larger portion of my fathers assets? I am fine letting the relative get the house with all current principal plus remaining debt. I am not happy with it if they receive the paid in full from my father assets. My father is still alive and he also doe snot want this to happen. So I need to figure what to do here.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,420 satisfied customers
We are in California and we have a lien placed on our

Hi we are in California and we have a lien placed on our commercial property ( a gas Station) due to a promissory note on that was made in 2005 and was supposed to expire in 2015. No payment was ever made on the note. We just want to know if they can foreclose on our property.

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37,844 satisfied customers
My question is in regards to civil code 2966. We did a

My question is in regards ***** ***** code 2966. We did a carryback deed of trust on vacant land for 15 months. Balloon payment is due. We did not give the 15-90 day notice. From what I gather, the notice is only required on property with 1-4 dwellings and does not apply to vacant land, commercial or more than 4 units. Is this true? That's what section 2956 states which seems to correlate with 2966JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: californiaJA: Have you talked to a lawyer yet?Customer: emailed our attorney. waiting for responsJA: Anything else you think the lawyer should know?Customer: no

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3,814 satisfied customers
My sister owns her house outright. She wants to borrow cash

My sister owns her house outright. She wants to borrow cash from me to pay of credit card debt. Can she give me a promissory note that i can then record or create a lien against her house? Are there other ways to secure my loan?

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Ray

Lawyer

Doctoral Degree

35,290 satisfied customers
How to get my ownership of neighborhood common area? Back 3

How to get my ownership of neighborhood common area?Back 3 years ago, I purchased my house through bank foreclosure. In my neighborhood, there are 10 families (means 10 lots) plus one common lot. All houses were built around this common lot. The common lot number is ***** All 10 families response for paying tax and maintenance this common lot. Our neighborhood does not have formal home association, but we do have agreement for all 10 families to pay the fees for all expenses (tax, cut grass, etc.). This agreement was recorded back many years ago.All 10 families owned 1/10th of this common lot (lot-11). From county tax record, 10 families are the owners for this common lot.When I purchased my house (lot 3), title of this 1/10th common lot did not come with my house (lot 3). I was told that the deed of trust previous owner had does not include this 1/10th of common lot. I paid all fees and performed my duty to be of home owner in my neighborhood in past 3 years.Now I am selling my house, the next buyer wants 1/10th common lot title. I have tried to get previous owner help to write Quitclaim deed for the 1/10th common lot, but they refused to do so.Is there another way I can get this 1/10th common lot title?

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

14,904 satisfied customers
17 years ago sold a piece of property on contract. I

17 years ago sold a piece of property on contract. I received one payment and the person disappeared. The property was sold for back taxes. I now know where this guy is. Can I sue him? The principal and interest is now $48000.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,420 satisfied customers
I am do to appear in court judgement they dont have the

I am do to appear in court for summary judgement for foreclosurethey dont have the original promisory note what form do I use to have summaryjudment delay or dismiss I can not find the right form I am in NJ

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Irwin Law

Juris Doctor JD

8,480 satisfied customers
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