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Do you know California law as it relates to a dated, unpaid…

Do you know California...

Do you know California law as it relates to a dated, unpaid personal loan?

Lawyer's Assistant: Has anything been filed or reported?

Nothing filed or reported . it is a loan that is past due almost 3 years.
Stupidly i am still friends with them since he claims he will pay back. my question is would it help in anyway to get him to sign a fresh agreement acknowledging no payment to date?

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Ok

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Answered in 1 minute by:
9/22/2017
Roy Hadavi
Category: Legal
Satisfied Customers: 1,114
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

No, it would not serve any purpose. However, if the original loan is unsecured, you may want to sign a new loan agreement that is secured by some collateral, if the other person is willing.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 5 months ago
can you tell me how i would go about getting a third trust deed on his property, if available?

If you wanted to loan to be secured by his property, you would need a new loan agreement secured by the property and have him execute a Deed of Trust on the property that would be subordinate to the First Deed of Trust and the Second Deed of Trust.

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Customer reply replied 5 months ago
perhaps an easier question is: what does he need to sign to give me a third td? can i do it without a title co involved?

A Deed of Trust is all he would need to sign.

You can click here to view the Sacramento Law Library's step-by-step guide and sample forms.

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Customer reply replied 5 months ago
Thank you forgot to ask if it is important that my unsecured loan to him was not signed by his wife. Would that pose a problem if he died?

You're very welcome.

No, it would not pose a problem. When a person dies, their debts and assets become the property and responsibility of their estate. Before the beneficiaries of the estate can receive their share, all outstanding debts must be satisfied.

Roy Hadavi
Category: Legal
Satisfied Customers: 1,114
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
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Customer reply replied 5 months ago
Thank you! I'll pay and rate now

You're very welcome.
Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-royhadavi/ Or, simply request “Roy only” in the first line of your question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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