Legal Question in Real Estate Law in California

I want to place a voluntary lien on my property to assure payment of a large loan from a family member. What form can I use in California? Thanks


Asked on 11/18/10, 8:09 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The "short form deed of trust" would be a leading candidate, but selecting and filling in forms for a self-acknowledged "large loan" sounds to me like something where a lawyer's input is desirable, both to adivse on the soundness of the loan transaction itself and to oversee the correctness of the "filling in the blanks" on a selected piece of stationery. An escrow firm or title-insurance company could provide some forms and related assistance, if you are confident of where you're going, but legal assistance is preferable unless you are adventuresome.

Read more
Answered on 11/23/10, 9:20 pm

I agree with Mr. Whipple that a couple of hours of attorney time might save you a world of trouble down the line, but the way to secure a loan with property is a note and deed of trust, just like if you were getting a loan from a bank, and most title companies can help you with both forms.

Read more
Answered on 11/24/10, 9:23 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California