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Defeats a non-authorized attempt to create a deed-in-lieu..

Posted by Ward on October 28, 2003 at 8:14 AM

In Reply to: Notice of Non-Acceptance of Deed posted by Sara_CA on October 28, 2003 at 7:09 AM

: Ward,
: Notice of Non-Acceptance of Deed. I presume this is used in a dispute for title. But can you elaborate? When and how is this used?
: Thanks.
-=-=-=

Sara,

Some owners in default think they can arbitrarily effect a deed-in-lieu of foreclosure by naming their lender as the grantee on a deed to their property and recording it, before the foreclosure sale, without their lender's express agreement or authorization.

Given that situation in CA, the lender can simply record a Notice of Non-Acceptance of Deed which negates such a transfer without having to do a quiet title action, etc.

I'm sure other states besides CA provide lenders the same power to nullify a non-authorized transfer of title to them, allowing them to continue on with their foreclosure without much interruption or delay.

Hope this helps.




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