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Re: 2 loans from same private lender...

Posted by Rick, the Probate Guy on January 13, 2010 at 2:59 PM

In Reply to: Re: 2 loans from same private lender... posted by Kristine-CA on January 13, 2010 at 12:39 AM

Let the title company handle the payoff and try not to interfere.

The title company will no doubt require the lender to provide both the original note & recorded td along with a sub and recon to mate with the bene's completed payoff demand.

Bene may grouse about turning over the docs and stall. If they don't cooperate, no dough. Nor can they play games by adding the unsecured debt. On the downside, in CA, the most the bene is responsible for should they fail to cooperate is $300 in damages.

Also, the trustee is in no position to reconvey without the bene's full cooperation.

The unsecured loan is just that....unsecured. However, if I were the lender, I would insist on either getting the 2nd loan paid off at same time or secured.

Sorry, but I don't have a song to help you remember this.


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