QUESTION

Can a property deed be transferred to someone not on the property loan?

Asked on Sep 29th, 2016 on Real Estate - California
More details to this question:
Mortgagor transferred ownership deed to another party who is not on the loan. How does this affect mortgagee's situation if the mortgager files bankruptcy since there is no longer collateral?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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In California, almost every lender uses a deed-of-trust, not a mortgage. The lien of the deed-of-trust or mortgage stays on the property until it is paid off or released. The transfer by the owner of the property does not cancel or remove the lien of the deed-of-trust or mortgage. If payments aren't made, the lender's first remedy is to foreclose on the property. Under all most all deeds-of-trust, this can be accomplished by mailing and recording a notice of default, and then after 90 days, recording and mailing a notice of sale, which states the date, time and place of the auction, and then conducting a foreclosure auction.  Bankruptcy can slow down such a foreclosure sale, but only as long as the lender lets it. There is a very fast court procedure the lender can use to ask the court to let the foreclosure continue. Dana Sack  
Answered on Sep 30th, 2016 at 12:31 PM

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