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A deed of trust for 10,000 was made on 10/16/06 and was

Hello, a deed of...

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 continuing. I contacted the beneficiary to settle at $5000 filed 10 years ago due to recent death of my mother in law. I was told to email settlement request. Four days later I left a follow up message. I finally received a call back and was ask to resend email and confirmed that resent email was received. Then I was told that they would get back to me. He also mentioned that most likely it will be 10,000 plus interest. I told him that I'm just trying to resolve this and that I don't even recall agreeing to interest nor 10,000. The only record I have on paper is that I listed my home with them (real estate company) on summer of 2006. I remember withdrawing and canceling to unlist property for sale as they could not sell within 30-40 days as promised and I did not receive a anticipated promotion at my job at that time. I don't remember signing anything else. When I last spoke to them 2 days ago; he asked me for copy of promissory note but as I told him I don't have one. He said he would talk to his partners about this situation but since I have not heard anything or received a call anymore I am getting concerned. Obviously my goal is to have this lien released as soon as possible.

Lawyer's Assistant: What are the basic terms of the promissory note?

I don't know that one exist

Lawyer's Assistant: Where is the property located?

Los Angeles

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Answered in 1 minute by:
8/2/2017
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,033
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Good morning. Did these guys file suit and win a judgment? Or, did they simply file this lien?

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Customer reply replied 11 months ago
Just simply filed a lien

Thank you. Don't pay these guys a dime. If they had a claim, the statute of limitations on any claim would have lapsed as the statute of limitations in CA is 4 years. So, rather than offering any settlement, send them a letter, by certified mail, informing them of the foregoing, and demand they release this lien within a specified short period of time. Inform them if they do not timely comply, you will have no choice but to: i) file a suit, seeking not only the release of the lien, but actual and punitive damages due to their intentional misconduct; and ii) file a formal complaint with the state boaru d of realtors. In my experience, you won't need to file either as the letter typically resolves the matter for you.

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Customer reply replied 11 months ago
I just got a text and it reads owner looking to receive full amount as per note
Customer reply replied 11 months ago
How much would you charge for the letter you mentioned

Thanks for following up. I would demand to see the documentation substantiating any claim they think they have.

I'll be happy draft a template of this letter for you, I can do that for you through the Premium Services option offered by JustAnswer. I'll extend that offer and you can then decide whether or not to accept.

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Customer reply replied 11 months ago
Can you represent me if this goes to court?

Unfortunately, I would not be able to do so. It's outside the scope of what I can provide under JustAnswer. I'm sorry!

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Customer reply replied 11 months ago
All I have to do at this point is send letter via certified. Does this $100 include all fees for today services?

The $100 would be for drafting the template of the letter for you. It's in addition to the amount related to the questions themselves. I'm sorry for the confusion.

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Customer reply replied 11 months ago
Okay. Can this letter be given to the escrow/title company handling my current mortgage transation so that they can be informed and handle release of lien?

Yes, the letter can go to the escrow company. But, they will have to get the Release of Lien from the company that filed the lien unless you have to file suit and get the court to order the lien released.

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Customer reply replied 11 months ago
I don't anticipate cooperation of lien release. So would I send letter to the company and a copy to title company?

Yes. :)

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Customer reply replied 11 months ago
A suit most likely will need to occur, can you recommend an attorney?

Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school. But, this is not a complicated case so you would only need a 1-2 year lawyer rather than a more experienced lawyer with the higher billing rate that comes with that experience.

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Customer reply replied 11 months ago
Is there a statue of limitations on my behalf regarding suit for any damages

No, because their default is continuing due to the failure to release.

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Customer reply replied 11 months ago
How do I contact you after when I'm ready for the template?

Once you accept the proposal, I will provide you information in the private contact info provided by JustAnswer. :)

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Customer reply replied 11 months ago
Thank you. I will be in to touch. Have a good day

You're very welcome! 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 questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,033
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified
Richard and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 11 months ago
Absolutely

:)

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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!

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Thank you also for the bonus! I appreciate both your kindness and your generosity!

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Customer reply replied 11 months ago
Hi Richard, with the letter you mentioned he long do they have to remove lien?
Customer reply replied 11 months ago
Hi Richard, with the letter you mentioned long do they have to remove lien?
Customer reply replied 11 months ago
Or how long do they have to respond?
Customer reply replied 11 months ago
if I have to file a small claim in court how long does it they take and what would those step consist of?

I would give them 5 business days. Since you are asking for relief in addition to money, small claims court would not be the appropriate forum.

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Customer reply replied 11 months ago
What forum would it be?

It would be a civil district court.

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Customer reply replied 11 months ago
The Federal Courthouse or the. Superior Courthouse
Customer reply replied 11 months ago
Or the County District courthouse?

It will be the county courthouse; it is not a federal case.

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I just wanted to let you know that I will be away at a meeting for the next couple of hours. Should you have a follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

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Customer reply replied 11 months ago
Hi Richard I was thinking about your letter, however the statue of limitation does not apply if I signed Deed of Trust, in other words it was voluntary. If so, what's my recourse?

Do you know you signed this Deed of Trust?

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In that case, you can attack their underlying claim that you owe them any money. You want to pursue the claim that they were never entitled to any money to begin with because they failed to perform as promised and thus they were in default, giving you the right to terminate.

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Customer reply replied 11 months ago
I asked for a copy of note this morning again was told that I need to deal directly with owner. I asked for owner name as the deed of trust only states real estate company name and address only
Customer reply replied 11 months ago
I'm looking into a bond

The title company should easily let you bond around this or to escrow the amount of the lien to allow you to close the financing and deal with this later. :)

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Customer reply replied 11 months ago
Hi Richard, with your letter are they required to respond within a few days acknowledging my request and have like 30 days to produce request, etc?

You can set forth the time line in your letter and if they do not timely comply, then proceed to file your suit.

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Customer reply replied 11 months ago
Thank you. I'll keep you in mind... ��
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Richard, Lawyer
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Satisfied Customers: 57,033
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Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

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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.

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).

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