Huntington Beach, CA asked in Real Estate Law for California

Q: Can a lender record a deed of trust vested differently from the title to the property?

California: Husband applies for loan, deed of trust is vested "married mad as his sole and separate property". However, property is held as "husband and wife as joint tenants".

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1 Lawyer Answer
James Joseph Falcone
James Joseph Falcone
  • Sacramento, CA
  • Licensed in California

A: Such a document can be recorded, but it may cause issues for the lender in the future if they want to conduct a foreclosure. However this should not be a concern to the owner, though; if they sell the property, the loan would be paid off. If the buyer assumes the old loan instead, however, their title insurer may list the issue as an exception.


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