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Re: Jousting with the right of reinstatement

Posted by Ward-CA- on November 20, 2001 at 3:14 PM

In Reply to: Re: Jousting with the right of reinstatement posted by Dave on November 19, 2001 at 9:23 PM

: Thanks for the response, Ward.

: Hope you don?t mind if I drill down a bit more here?

: When I purchase a preforeclosure property here in CA, I usually reinstate the loan(s), outside of escrow, with a cashier?s check (no indication who the payor is), just before or just after escrow closes. Do you have a better way? I always worry a bit that they are going to somehow realize the funds didn?t come from the trustor and the whole thing will turn to doo-doo.

: You used the term ?adversely affected? by the foreclosure. If I had title, which I would by the time I gave anybody money, I would certainly be adversely affected. Since I would be adversely affected, they cannot refuse the money. Right?

: It might be hard to understand why a lender would refuse reinstatement money, but, I can easily envision a lender making a hard money loan with the intent of acquiring title through an eventual foreclosure not wanting to see the loan reinstated.

: Thanks, Dave

=?=?=?=?=?=?=?=?=?=?=

Dave, we also reinstate the delinquent payments directly rather than through any escrow or title company.

Yes, holding title puts one in an adverse position vis a vis any foreclosing lien on the same property.

I have also seen small, local, hard money lenders finagle things in order to grab the liened property rather than get paid off.

Well, I can tell you know how to do this. Good luck.


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