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Real Estate Finance, Liens, Judgments, and Trust Deeds

Can One Co-Owner Take Out a Loan on a Jointly Owned Property?

Co-ownership disagreements can easily boil over when multiple parties own real property, especially when one party has taken out loans without the consent of their co-owner(s). The remaining co-owners want to be sure that their equity in the property is still available to them even if their co-owner has encumbrances on the property, including mortgages, … Read More

Assumptions in Partition Actions

Mortgage Assumptions in Partition Actions

An assumable mortgage is one where the buyer assumes the existing mortgage of the seller. When the mortgage is assumed, the seller is often no longer responsible for the debt. As it relates to co-ownership, the buying co-owner would thus assume the full liability for the mortgage, thereby relieving the selling co-owner. One reason buyers … Read More

Co-Owners' Right to Encumber Property in a Partition Action

Co-Owners’ Right to Encumber Property in California

Right to Encumber a Jointly Owned Property in California In a partition action, co-owners have already demonstrated that they disagree on what to do with a property. Tensions may rise when one co-owner voluntarily places an encumbrance on the property, such as a mortgage, or an involuntary encumbrance, such as a child support lien or … Read More

Mortgage vs Trust Deed Real Estate Lawyer

What is the Difference Between a Mortgage and a Trust Deed?

How is a Mortgage Different from a Trust Deed? A mortgage and deed of trust (otherwise known as a “trust deed”) are legal instruments in real estate that allow a lender to secure repayment of a loan. Although a mortgage and a trust deed serve the same purpose, the exact terms of both of each … Read More

Business Fraud Tort Attorney Lawyer California Riverside

Mortgage Shotgunning and the Priority of Trust Deeds

Mortgage Shotgunning Definition and How to Solve this Real Estate Fraud The article below appeared in the California Real Property Journal, the Official Publication of the Real Property Section of the State Bar of California. Volume 32, Number 2, 2014. Mortgage Shotgunning and the Priority of Trust Deeds (click for PDF) By Scott Talkov This … Read More

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