Mount Shasta, CA asked in Real Estate Law for California

Q: I own my home. Did for sale by owner, now I've heard that the buyer is selling house for sale by owner. Is this legal?

Yes I own house and am the "lender" the buyer makes mortgage payments to me monthly. There is still at least 35 months left on contract. The current residents have said they are buying it from the person who is currently buying it from me. Can i legally take property back?

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1 Lawyer Answer

A: Let me get this straight: You own your home and you sold it to someone else using "sale by owner." The person who bought your house (and presumably now owns it) now wants to sell the house using a "sale by owner." It should be of no concern to you unless you have a trust deed or mortgage on the house. If that is the case, and your mortgage or trust deed is properly recorded in the County where the property is, located, you would be protected. He could not sell the house without first paying off your Trust Deed, as your Trust Deed would be a lien on the property. I can't tell you more without more details.

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