Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I need help interpreting terms in a Deed of Trust

Customer Question
I need help interpreting terms in a Deed of Trust
Submitted: 2 years ago.Category: Real Estate Law
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
9/18/2015
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,762
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

It would be my pleasure to assist you. Can you attach the deed of trust?

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
Hi:I am in a non disclosure dispute with a Seller that took a DOT on a condo I bought from him.I am trying to pay off the DOT after a continuing legal battle re: the fraudulent disclosure. I have attached the DOT. I have paid ALL the payments, but NOT an Association special assessment which he did not disclose. I am going to sue him, but want to pay off the DOT.His Attorney is insisting I owe AN additional $15K caused the from "default". I read this increase as a retroactive "increase" in the interest rate, not ADDITIONAL interest. He is friends with the Seller and I believe acting in concert with his friend by negligently demanding this interest.Please advise. I have attached both the Settlement Demand & the original DOT.Thanks!
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago

Let me review the attached documents and I will get back to you.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago

Since the only thing you have not paid is the special assessment, that was not disclosed, I disagree that you are in default. That being said The language with regard to the 18% is, at best, ***** ***** you close the transaction at a title/escrow company

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
Title company close. My Atty missed the R105 hearing (another issue) and I gave to pay this off now before 10/22. I have the funds but this DOT is the Colorado State specimen form and I can't t phantom anyone interpreting the default clause as Additional Interest.
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago

The 18% is the default rate.

http://www.cobar.org/repository/Inside_Bar/Tax/Real%20Estate%202013%20Year%20End%20Update%20FINAL%20%201-6-2014%20%282%29%281%29.pdf

Yikes your attorney dropped the ball....not good.

The title company should have received information with regard to the special assessment as their function is to insure that you have good and marketable title that is not subject to any liens.

Please keep me posted I am interested in the outcome. Thank you for using JA! If you would be kind enough to rate my service do o may receive credit for my work I would appreciate it.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago

The 18% accrues from the date of the default see Weston v. T & T, LLC, 271 P. 3d 552 - Colo: Court of Appeals, 3rd Div. 2011

https://scholar.google.com/scholar_case?case=3491173633447860268&hl=en&as_sdt=6&as_vis=1&oi=scholarr

http://www.cobar.org/opinions/opinion.cfm?opinionid=8079&courtid=1

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
in your opinion does this mean that my original 12% rate increases to 18% retroactivly, or as the seller's attorney is demanding becomes a completely additional interest expense on top of my original interest charged. In a recent settlement letter the seller's attorney was demanding an additional 15, 000 in interest that's on top of the almost $12,000 paid under the original terms of the note.
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago

The 12% increases. I have provided you links above for case law on this matter.

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
Well that's what I assumed I agreed to. That said now that my attorney has missed my 105 hearing I'm not sure how to settle this foreclosure attempt with a plaintiff attorney who is demanding almost 16000 more than the contract is entitled to
Customer reply replied 2 years ago
What would you recommend I do for next steps if I'm trying to get a fair settlement to pay this guy off.
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago

If your attorney will not work out a settlement on your behalf you may consider filing a State Bar complaint against the attorney.

Obviously you are free to make any settlement offer that the other side will agree to. If you would prefer to work with a different attorney I would contact the State Bar to refer a reputable attorney to you at www.cobar.org and take action against your attorney that dropped the ball.

I would also want to see the title company file on your closing to see what information the title had with regard to a special assessment.

Thank you for using JA! We appreciate your business.

I can ask the site to remove your attachments for privacy if you would like me to do so as these post are public.

If you would be kind enough to rate my service so I may receive credit for my work I would appreciate it.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago

Thank you for using JA! We appreciate your business.

I can ask the site to remove your attachments for privacy if you would like me to do so as these post are public.

If you would be kind enough to rate my service so I may receive credit for my work I would appreciate it.

Do you have any additional questions for me?

Ask Your Own Real Estate Law Question
Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,762
7,762 Satisfied Customers
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.

Attyadvisor is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
In can an escrow agent release deposit money without an
In Virginia can an escrow agent release deposit money without an agreement signed by both parties? … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
We are selling our house and are in escrow we did an
We are selling our house and are in escrow we did an interior remodel to extend a closet but did not obtain a building permit at the time it was done we have applied for the permit with the city but t… read more
LegalGems
LegalGems
Juris Doctorate
10,748 satisfied customers
9yrs ago my husband and I signed escrow papers on a 2 actor
9yrs ago my husband and I signed escrow papers on a 2 actor manufacturer home on as my forever place .7 1/2 years he started making a fuss that my payment went above the 800 .we signed at escrow. And … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
How does a repair escrow work? I am a buyer. If I have
How does a repair escrow work? I am a buyer. If I have something repaired after closing, do I need to get seller approval for reimbursement purpose? If he doesn't agree, what should I do?… read more
LegalGems
LegalGems
Juris Doctorate
10,748 satisfied customers
I'm in escrow on a house that is set to close in two weeks.
Hello, I'm in escrow on a house that is set to close in two weeks. I had the property surveyed (5.3 acres) it came back that a large concrete batting cage and a portion of the RV parking area that was… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,350 satisfied customers
SALING MY HOUSE BUT RIGHT NOW THE ESCROW FOR ABOUT 10 DAYS
IM IN SALING MY HOUSE BUT RIGHT NOW IM INSIDE THE ESCROW FOR ABOUT 10 DAYS IS THERE ANY WAY I CAN GET OUT OF THE ESCROW AND DONT WAN TO SALE MY HOUSE … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Selling condo, have purchase agreement. Now escrow co. tell
Second opinion] Selling condo, have purchase agreement. Now escrow co. tell us we need to pay $$$ for Statement of Account and another $$$ for Covenant Compliance Inspection. I am suspicious of these … read more
Attyadvisor
Attyadvisor
Attorney
7,762 satisfied customers
Have a question about deed of trust. Calif. I have a
I have a property that I foreclosed on and there is a firsr deed of trust on it that will not work with me … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Can a seller provide an escrow account for a buyer to pay
Can a seller provide an escrow account for a buyer to pay for repairs after closing? … read more
LegalGems
LegalGems
Juris Doctorate
10,748 satisfied customers
I'm in escrow on a REO in Hawaii. This house foreclosed and
I'm in escrow on a REO in Hawaii. This house foreclosed and was bought by Mellon Bank of NY who is now selling it to me. There are liens on the property that they have known of since 2/17, but have no… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,726 satisfied customers
I need a copy of my property deed of trust. Texas. Houston.
my parents home was flooded with hurricane harvey. the insurance co will not release the reimbursement because there is a cendant mortgage co listed and they are out of business. the home has been paid for since 2001 as shown by our county clerks office. I am trying to prove that cendent is not owed and the proprty is owned free and clear… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My deed of trust didn't have a legal description, Didn't
My deed of trust didn't have a legal description, Didn't find out till after 08 housing crash and was foreclosed on. They rerecorded the deed of trust with a legal description that gave them an extra … read more
Attyadvisor
Attyadvisor
Attorney
7,762 satisfied customers
The house we are buying is in escrow and they had an $85,000
Second opinion] The house we are buying is in escrow and they had an $85,000 water damage. We still want the house.The sellers are doing everything they can to have us back out, which we are not doing… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
The house we are buying is in escrow and they had an $85,000
The house we are buying is in escrow and they had an $85,000 water damage. We still want the house.The sellers are doing everything they can to have us back out, which we are not doing. Now, they're s… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Deed of trust of the first and second.... They didn't do the
Deed of trust of the first and second.... They didn't do the foreberance as agreed. I preformed as expected. June 2 notice of trustee substitution and notice of sale... June 4 I paid it up current app… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Making a deed of trust, wondering if I have to hire a
Making a deed of trust, wondering if I have to hire a trustee or can I be lender and trustee> … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,026 satisfied customers
A deed of trust for 10,000 was made on 10/16/06 and was
Hello, a deed of trust for 10,000 was made on 10/16/06 and was filed 2/2/07. I am trying to lower my mortgage payment and was told that there is a lien this needs to be resolved first before continuin… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
We have a person on deed of trust, and they are renting out
We have a person on deed of trust, and they are renting out the property. The person under contract is past due and up for foreclosure. I have sent from her a promissory note that she sent to us, but … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x