Legal Question in Real Estate Law in California


I have a trust deed, which payment has not been made, how do i put a lien on the house? Also, do i need a notice of default?

Asked on 1/22/09, 2:13 pm

3 Answers from Attorneys


Re: liens

If you were given a deed of trust as security on a repayment obligation, then it should have already been recorded.

A notice of default is also a recorded document that imparts notice to the borrower/debtor as well as everyone else (because it is part of the public record) that the debtor is in default and has the right to cure.

If the debtor does not cure, then if your deed of trust is drafted correctly, you proceed with foreclosure of your security interest.

This is a very complicated area and you should hire a firm that specializes in foreclosures of trust deeds. The expense of doing so is chargeable to the borrower, which means that the borrower must pay the fees of the foreclosure.

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Answered on 1/22/09, 2:35 pm
James Roberts Roberts & Elliott LLP

Re: liens

Your deed of trust is a lien. You can foreclose, but I would need more information as to whether this is a good idea. You do not state your position (1st, 2nd etc), how much you are owed, how much the property is worth, and how much is due before you.

Jim Roberts

[email protected]


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Answered on 1/22/09, 2:44 pm
Terry A. Nelson Nelson & Lawless

Re: liens

Go hire a 'foreclosure' company to do what is needed. If you don't do all the necessary things right and timely, you'll screw up the process and waste your time and money. You should already know the TD is a lien.

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Answered on 1/22/09, 3:59 pm

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