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Subject:
In California - 22 year old deed of trust surfaces w/o any prior notice
Category: Business and Money > Finance Asked by: kate1223-ga List Price: $50.00 |
Posted:
15 Sep 2005 23:01 PDT
Expires: 15 Oct 2005 23:01 PDT Question ID: 568613 |
22 years ago, my housekeeper's husband forged her name on a Deed of Trust to secure an Small Business Association loan. The deed was not witnessed or notarized. A copy was recorded noting that"the copy had not been compared to the original." Her husband died shortly thereafter. She has lived at the same address for well over 22 years and never knew of the existence of this Deed of Trust. She only recently learned of it when trying to refinance her current mortgage. Having discovered it, she contacted the SBA and they say she owes the loan plus 22 years of interest. This seems wrong. It seems that some sort of notice should have been given over the past 22 years by the SBA. The house is in Los Angeles, CA so I really only can use California case/code law and or appellate rulings in this district. |
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There is no answer at this time. |
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Subject:
Re: In California - 22 year old deed of trust surfaces w/o any prior notice
From: myoarin-ga on 16 Sep 2005 07:45 PDT |
Just a free comment: The deed of trust required her name, apparently as co-owner of the property, but the SBA loan was made and signed by her husband. (And perhaps he also forged her signature on the loan agreement.) It seems unlikely that such a loan would have been a "bullet" with no repayment schedule or regular interest payments. The Statute of Limitation on written contracts in California is 4 years: http://www.fair-debt-collection.com/SOL-by-State.html#5 http://www.legalzoom.com/law_library/smallclaims/statuteoflimitations.html http://www.outtadebt.com/statute-of-limitations.html Normally this would mean that the SBA had to demonstrate that it had started and pursued collection of the loan within four years of its going into default under the terms of the loan agreement. Since your housekeeper is apparently still living at the same address, it seems unlikely that such action would have escaped her notice. But how to force the SBA to release the Deed? Good luck, Myoarin |
Subject:
Re: In California - 22 year old deed of trust surfaces w/o any prior notice
From: myoarin-ga on 19 Sep 2005 05:41 PDT |
I thought a legal-oriented Researcher would like to answer this. Please note the disclaimer below: this is not legal or professional advice. Sooner or later, a lawyer will probably have to get involved. I would suggest that your housekeeper speak to one immediately and have him or her accompany her to the SBA. She should make an appointment, so that the office cannot hide by saying it did not know what the matter was and didn't have any records on hand. The lawyer will add weight on her side of the table and also be able to counter any specious arguments, as well as being a witness. The SBA is going to have to present the original loan document, evidence that the loan was actually made, and evidence of its collection efforts. Perhaps the loan never was made, possibly another person was also a borrower and it has been settled (or not). Does she now have a copy of the deed? Does it include details about the loan? Good luck, Myoarin |
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