What is the best way to take possession of real property used as collateral in a defaulted loan?

Question Details:

A deed of trust was given at the time of the loan but not recorded yet. There are 3 co-owners of the land - a daughter and her 2 parents. Each signed a separate quitclaim form (3 forms rendered to me). The land is no longer worth the amount of the loan. If sold there will be a balance due. I tried to record the quitclaims today but after several additional forms and wrong info at recorders office I left without doing so. Issues included there was no consideration for the quitclaim and clerk didn't believe me and had no form or way for me to define the agreement

Asked 12/1/2009 under Real Estate | 239 View(s) | More Legal Topics

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Real Estate Law Answers

Gregory L. Bosse / Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

1---what is address of property?

2---fax me a copy of the deeds you have 714-316-1344

3---do you have a promissory note?

Answer----you can foreclose non judicially---simple or

                judicially---not so simple.

Gregory L. Bosse, Esq.      714-550-9555

Robert Spitz / Robert J. Spitz, Attorney at Law Answered 2 years ago | Contributor This attorney is licensed in California

This is a rather complicated situation.   You should seek legal assistance from a real estate attorney.   This needs to be done right so you do not lose your rights.

Call my office for a consultation.

Robert Spitz

909 395 0909

Madan Ahluwalia / Ahluwalia Law Professional Corporation Answered 2 years ago | Contributor with 6 answers This attorney is licensed in California

If it was a loan, the mistake you are making is that saying there is no consideration. Money loaned is the consideration. Attorney Bosse covered rest of it good. You will have to chose what you want to do to recover the money- either judicial or non judicial sale. You need to meet with an attorney in person to discuss and review the options. There is no way to give an answer in such a forum. The discussion in person can be lenghty.

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