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    Help with documentation

    Hi I was hoping someone could tell me if this sounds legit. I took out a hard money loan and when I look up any records under my name in the county of San Diego I find the following information.
    Deed with xxxxx Home Loan company grantor and me as Grantee 2/xx/2010
    At same time there was a trust deed with me as Grantor and [name of lender removed] as Grantee 2/xx/2010
    Then on 4/20/2012 someone requested a request notice with me, my wife and some guy I do not know as the grantors.
    The last one sounds strange. I just want to make sure it is on the up and up since it’s a hard money loan I am always worried that the house is not under my name, etc.
    If this is not enough information or if I should be checking by address any suggestions on what to do next?
    Last edited by LadyInTheRed; 04-27-2012, 03:36 PM.
    Chp 7 Filled 2-21-08
    341 Hearing 3-24-08

    #2
    Hi, Monkatom,

    I edited your post to remove the name of the lenders and exact recording dates. Your current lender is small enough that within a few minutes I was able to find out who you are by searching all documents recorded in San Deigo County by that lender.

    A notice request is usually recorded by somebody who wants to get notice of actions taken with regards to a Deed of Trust. The person who recorded that notice request also has a loan from the same lender. The assignment of his Deed of Trust to that lender was recorded right after yours and the document number is one digit different from yours. Your Deed of Trust and the Assignment of his deed of trust must have been recorded by the same messenger. It looks like a typo caused his notice request to be cross referenced with your deed of trust. So, if your deed of trust is assigned to another lender or released, he will get notice. To be certain that is what happened, you can order a copy of the document for $6. The document will have his address (or the address of whoever was to receive the notice on his behalf), so you could contact him to let him know of the error.
    Last edited by LadyInTheRed; 04-27-2012, 04:00 PM.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


      #3
      thank you very much for the information. i will take your advice and order a copy.
      Chp 7 Filled 2-21-08
      341 Hearing 3-24-08

      Comment


        #4
        LadyintheRed,
        After doing some additional digging the person who shows up as wanting a request notice also placed the same notice on the property in 2010 when it was owned by the previous tenants. So it appears it was not an error in numbers. Should I be concerned that this person requested informtaion on the property for the previous owners and now me? Could he hold a lien against the house or anything?
        Thanks
        Chp 7 Filled 2-21-08
        341 Hearing 3-24-08

        Comment


          #5
          He may just be somebody who is keeping and eye out for sales of the property for some reason. Maybe he is an investor interested in the property and is hoping it will go into foreclosure one day so he can get it cheap.

          If he holds a valid lien, that lien would be a recorded document. Usually, all existing liens are paid off when house is sold. If you bought the house with the understanding that the lien was to remain, you should have known you were doing that and it would have been part of the purchase agreement. A title policy was probably issued when you bought the property and that policy would have listed any existing liens of record.

          I don't think you should be overly worried by a request for notice. But, if you can't shake the worry, look through your documents for a title policy and look for a list of existing liens. Any lien that existed at the time you purchased the property should be listed. If there is still a lien and it wasn't excluded from the title policy, the title insurance should cover any claim by the lienholder.

          If you don't have your documents, you could call the customer service department of a title company and ask them to do a preliminary title report on your property. Some will do it for free and others will charge a fee. A preliminary title report should include any existing leins.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment


            #6
            Thanks much. The house was a foreclosure when we bought it so I am not sure. Always have that worry especially since we used a hard money lender, etc.
            Thanks
            Chp 7 Filled 2-21-08
            341 Hearing 3-24-08

            Comment

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