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Hard Money Violations??

October 29, 2013 07:56AM
​Hi all, I have started running this by some local San Diego attorneys but wanted to get feedback from group.

Situation:

1. Homeowner owns a duplex in Lemon Grove, CA. Non owner occcupied.

2. 7 years ago, he received a private loan for a second trust deed. The loan was done by a California licensed real estate broker and attorney who did the loan under the name of what appears to be his lending LLC. The LLC shows active with the Secretary of State with this individual showing up as the agent for service.

3. The loan was at 12% interest. There was an escrow done but that appeared to be more so lender can verify title etc as there was no loan docs or disclosures done.

4. This lender has now started foreclosure proceedings.

My questions,

1. would love to get a referral for attorney versed in these matters.

2. Does homeowner have any leverage due to loan interest rate and lack of any disclosures or loan paperwork?

3. Are any of the infractions hampered by statute of limitations? It appears usury is only 4 years, but not sure if that can extended at all for extenuating circumstances.

Thanks in advance for the assistance.
Subject Author Views Posted

Hard Money Violations??

DHernandez 4187 October 29, 2013 07:56AM

Re: Hard Money Violations??

Trebor 2836 October 29, 2013 08:40AM

Re: Hard Money Violations??

DHernandez 2757 October 29, 2013 09:11AM

Re: Hard Money Violations??

Hard Money Lender 2816 November 02, 2013 01:48PM

Re: Hard Money Violations??

Rick the probate guy 2874 November 04, 2013 10:14AM



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