Legal Question in Civil Litigation in California

I lent my daughter $30k on a commercial property, how do I secure this money to the property as a lien?


Asked on 2/18/10, 12:15 pm

3 Answers from Attorneys

Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

She needs to sign a promissory note and give you a trust deed which you can record against the title to the property.

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Answered on 2/23/10, 2:08 pm

Actually, you have a bit of a problem. You needed to receive the deed of trust at the time the loan was made. Doing it after the fact will be without consideration, and would make the deed of trust contestable in the future. There are ways around this problem if your daughter is willing to cooperate. I would have to know the details of the transaction and where things stand now in order to come up with a solution. If you would like an initial consultation at no charge, please give my office a call.

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Answered on 2/24/10, 8:44 am
James Bame San Diego Law Office

It should have been done as a promissory note/deed of trust. Now your option is to renegotiate to put you on the title, or wait until she breaches on the loan and get a judgment lien. Contact me directly.

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Answered on 2/24/10, 4:59 pm


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