Legal Question in Real Estate Law in California

Re: quick lis pendens filings for RE litigation

Your message does not make sense; if the buyers are in arrears with interest payments and you hold the first deed of trust, simply foreclose on the properties. If they are not in arrears and you recorded deeds of trust, then the notes which secured the deeds of trust will have to be paid at time of sale and you will get what you bargained for in 2004, so what is the problem? The fact that the properties are worth more now does not matter. Lastly, if you sold to a trust you had every right to demand the trust instruments and financial data for the trust and its principals becaue you were carrying back paper, so if you did not do that, it may be that a court would find that you did not exercise prudence on your own behalf.

Re: quick lis pendens filings for RE litigation

Based on the facts as you have presented them, I do not understand the urgency for the request or the need to file a lawsuit. If you have a properly recorded trust deed against the properties you sold, then you should receive a payoff demand through escrow. There does not appear to be a need to block the sale unless you have additional information to share.