Legal Question in Real Estate Law in California

Deed in Lieu of Forclosure -

I gave up a rental property to an individual (Private Investor) via Deed in Lieu of Foreclosure because I owe money to him on another piece of real estate. I did a dual Deed in Lieu of Foreclosure on both properties. However, on one of them (which I had owned for 20+ yrs) I had an existing first, and he promise to keep it current. After making two payments, he decided to terminated the existing tenants and then found out that he couldn't sell the property to make a profit. The property is now in foreclosure and has ruined my credit. I am a mortgage broker and is hurting my business as Lenders has turned me down because of this foreclosure and lates on the property and on my credit report. Is there anything I can do to make him bring the property current? Or is it too late because he can do anything to the property since it's in his name now, altough the mortgage is in my name?


Asked on 9/18/08, 6:47 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Deed in Lieu of Forclosure -

Not to be mean or harsh, but as a mortgage broker, I would think that you would have understood the consequences of transferring property to someone without refinancing the mortgage in their name. The deed-in-lieu effectively created a wrap or "subject to" mortgage scenario in which you let someone destroy your credit and now have virtually no remedies. Unless you have a written agreement that the lender/investor was going to keep the mortgage up, you probably don't even have a cause of action against him for breach of contract. You cannot do anything with the property since you have transferred it to him. You could pay your mortgage which only benefits him, but will keep it from going to foreclosure sale, but that is rediculous. You may want to consult with a local attorney, go over all the facts and see if there is more to this than your post indicates. Again, sorry if this sounds harsh, but I'm surprised that with a background in the business you allowed yourself to get into the position of being the obligor on a loan for a property you no longer own.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 9/18/08, 7:27 pm


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