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

Posted by will on January 07, 2004 at 4:35 PM

In Reply to: Defeats a non-authorized attempt to create a deed-in-lieu.. posted by Ward on October 28, 2003 at 8:14 AM

Ward,

So to follow up on your answer, when would an investor need to
fill out a Notice of Non-Acceptance? It sounds like it's mostly
a tool for a lender? No?

thanks,
Will

: : 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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