Posted by John Merchant on January 12, 2007 at 14:22:30:
Doesn’t sound like your boy has the title so you may be out of luck here since she’s not likely to want to help you in any way.
And since you apparently did not have her or him give you a mortgage (or hopefully deed of trust in your state) at the time of the loan, I’d see if you couldn’t get one from both of them now.
To get a valid DT now you’d probably need a lawyer or local escrow co to do a Loan Agreement,note and DT for you.
This would give you a new date on a new note with concurrent (simultaneous) deed of trust…if they just gave you a DT now, it might or might not ba valid as the loan was made sometime back.
The new Deed of Trust, when recorded, would be valid lien and cloud on the title so the RE couldn’t be sold without paying you off.