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  1. #1
    Join Date
    Mar 2011

    Exclamation Fraudulent Deed of Trust

    My question involves the title for real estate in the state of: California

    I am looking for advice in how to handle the following situation:

    I work for a real estate agent and help process short sales. In trying to finalize the sale of a property, it was discovered that on the preliminary title report there was a Short Form Deed of Trust recorded against the property resulting in a third lien. However, it appears that this lien may be fraudulent.

    The reason why we believe this to be true:

    1. In order for a short sale to be completed, it is our job to get any junior lien holders to release their interest so the property can be sold. We have tried locating all of the names and businesses listed on this Deed of Trust, however we have not been able to find any of them. The address that is shown on this Deed of Trust doesn't even seem to exist (according to Google) nor can I find any record of the companies on the Secretary of State website.

    2. The homeowner has stated that she never entered into the agreement and never signed the document in question.

    3. When you compare the homeowner's signature with the one on the Deed of Trust, it is completely different.

    I have been to the County Recorder's office, who sent me to the County District Attorney's office. They told me they have a 2 year backlog and sent me to the local Police Department to file a complaint. The local police, real estate fraud division, told me that there was nothing they could do and told me that all they could suggest was to file a civil complaint.

    Now I am here. Does anyone have a suggestion as to how to get this Deed of Trust removed? I need specific steps to take to file a civil complaint, or whatever else may be needed. This needs to be expedited as we have a buyer who would like to purchase this property and the homeowner is facing foreclosure and would prefer to avoid this by doing the short sale.

    Any suggestions would be very appreciated!

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Fraudulent Deed of Trust

    From what you've told us, the obvious remedy would be for the title owner to bring a legal action to quiet title, naming the parties to the deed of trust as defendants. That's not really a process that can be "expedited", particularly if any of the defendants appear and defend. Tell your boss to consult his real estate lawyer.

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