Trust Deed - Note not paid - Posted by DavidGOR

Real Estate Investing Real Estate Law
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Posted by John Merchant on April 28, 2004 at 07:57:43:

If your DT was recorded prior to sale/transfer of deed to new owner, I’d think that a letter from your lawyer to new owner, advising him/her of your lien, might get his/her immediate attention.

Your unsatisfied lien is still against that property, although the previous owner/seller is liable on it.

And the title co. undoubtedly is liable to the new owner for its failure to catch your lien & make sure it was satisfied.

Among other things you could begin foreclosure process on your DT & that would surely shake things up a bit.

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Trust Deed - Note not paid - Posted by DavidGOR

Posted by DavidGOR on April 28, 2004 at 02:50:25:

Have a scenario I need some help on.

I lent some money to Owner and got a Promissory Note and Trust Deed for it. Owner sold the house to Buyer (Buyer financed the house with a bank and closed with a title company). The title company didn’t see the Trust Deed (which was recorded) when the house closed and I wasn’t paid).

My question, who can I go after for the money? The original owner, the new buyer, the title company?