Word-of-the-Week: Installment Notes
Installment note – A note calling for periodic payments of principal and interest, or interest only, until the principal is paid in full by amortization or a final/balloon payment.
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Tag: trust deed
The Note and Trust Deed Work Together
A note and trust deed for the same transaction – one contract to be read mutually
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Does a trust deed holder owe a duty to a title insurance company who relies on a forged trustee’s deed?
WFG National Title Insurance Company v. Wells Fargo Bank, N.A.
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Are surplus funds from a trustee’s sale distributed in proportion to the co-ownership interests in a property?
Zieve, Broadnax, & Steele, LLP v. Dhindsa
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Does a trust deed’s insufficient legal description of a property render the trust deed void?
MTC Financial Inc. v. California Department of Tax and Fee Administration Facts: A property owner...
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May a trustee foreclose on a property without verifying the validity of the underlying mortgage?
Citrus El Dorado, LLC v. Chicago Title Company Facts: A developer takes out a mortgage to fund...
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May a bona fide purchaser claim title to a property based on a default judgment when the judgment is later voided?
OC Interior Services, LLC v. Nationstar Mortgage, LLC Facts: A property owner defaults on a...
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May a buyer of foreclosed rental property serve a tenant with a notice to quit prior to perfecting title?
Dr. Leevil, LLC v. Westlake Health Care Center Facts: A landlord defaults on the mortgage...
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Is a trustee for a mortgage-in-default considered a debt collector?
Facts: A homebuyer obtains a mortgage secured by a trust deed on their property. The buyer...
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Is a recorded deed required to transfer title to a property into a trust?
A California court of appeals considers the necessity of a recorded grant deed to transfer trust property.
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Supreme Court decision opens doors for wrongful foreclosure suits
A recent decision made by the California Supreme Court may set a precedent for future wrongful foreclosure suits.
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Client Q&A: What’s the difference between a trust deed and a promissory note?
Use this first tuesday FARM Letter Info-Flyer with your existing clients to provide a clear,...
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Is a purchaser of a mortgage liable for the conduct of the lender who sold but continues to service the mortgage?
An owner refinances their mortgage secured by a trust deed on their property and establishes an impound account for the payment of homeowner’s insurance.
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Does service of a Notice of Default trigger the running of the statute of limitations for filing a quiet title action?
The adult child of a commercial property owner forges the owner’s name and obtains a mortgage secured by a trust deed on the property without the owner’s knowledge.
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Investing in trust deed notes
Discover how to invest in trust deed notes in this two-part series. Part I of this article series...
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May a lender make a title insurance claim for a title defect they caused in part?
When can a title insurer deny coverage of a title defect?
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A trust deed investor’s agreement to purchase a note and trust deed
Form-of-the-Week: Purchase Agreement for Note and Trust Deed – Form 241 Investors looking for...
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May multiple loans be secured by a single trust deed without affecting the priority of the loans?
A lender sought to maintain its lien on a property claiming their subordination agreement was void since multiple loans were secured by a single trust deed.
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Case in point: Lenders, oral promises and no signed commitment
Can a lender’s verbal promises be relied upon?
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Must a court-appointed receiver record a lien on a property to ensure payment?
A city inspected an incarcerated owner’s rental property and determined repairs were required to protect the safety of its residents. The court appointed a receiver.
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