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California Unconsciousable Advantage...4 years for previous owners to sue

Posted by Gina Hinds on May 04, 2002 at 8:23 AM

Hi:

We have a property under contract in CA and we have been having every type of problem in getting this property closed. I wonder if you could detail for everyone else on this board for us Californian's what steps you would do to avoid the following..

*Unconsciouable advantage...the property is not under 70% of value but still this term is being thrown at us.
*4 Years for the previous owner of record that is losing the property that can come back and sue the investor
*Unruh Act
*You mentioned dealing with smaller title companies...do you look for someone similar to what VA Repos/Cal Vet does as they use Cimmaron Escrow? We have been trying to work with at least 8 major title companies and no one wants to take a risk because of all the lawsuits that have been filed against them??

So in essence we have a transaction that we are doing "subject to", but can get no title insurance...so people may be thinking just do it without insurance. Well in our experience when we just started out 5 years ago we did this, until we had problems with title and had no one on our "team" to back us up...

So for CA protection would appreciate your steps and what exact contracts would you have them sign? An estoppel agreement? Equity Purchase Agreement...

I know that there have to be people that are working the pre-foreclosure market successfully in CA. Looking forward to hearing comments.


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