• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Slander of Title

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

Marco

Guest
About a year I paid off a settlement obligation which was secured by a Deed of Trust. According to the settlement agreement I had to make the payment directly to the Beneficiary.

As I had an open escrow to refinance the property, I advise the Beneficiary to forward the Deed of Trust and Full Reconveyance
directly to the Escrow/Title company for Reconveyance of the Deed of Trust. Two days later my Escrow/Title sent a letter to the Beneficiary requesting a Substitution of Trustee and a letter confirming that the Deed of Trust is settled and no additional payments are due. The Beneficiary refused to comply to the letter from my Escrow/Title company. Consequentially, I was not able to refinance the property with a new low interest loan.

As the loan (first Deed of Trust) was due and payable in full, the Beneficiary offered me a roll over of the exciting loan at a higher interest which I had to accept. A month later, as the lender was ready to file the amendment, I received a letter from him if the second Deed of Trust, which I paid off is not reconvened within 48 hours he will call the loan. I forwarded the letter to the Beneficiary of the second Deed of Trust, who first refused to respond to the letter from my Escrow/Title Company. Now, I am considering to file a complaint for slander of title, by the
Beneficiary of the second Deed of Trust. I am not clear, who has to pay my Attorney Fee and what damages I can claim. Will I be entitled for punitive damages?
 


HomeGuru

Senior Member
Marco said:
About a year I paid off a settlement obligation which was secured by a Deed of Trust. According to the settlement agreement I had to make the payment directly to the Beneficiary.

As I had an open escrow to refinance the property, I advise the Beneficiary to forward the Deed of Trust and Full Reconveyance
directly to the Escrow/Title company for Reconveyance of the Deed of Trust. Two days later my Escrow/Title sent a letter to the Beneficiary requesting a Substitution of Trustee and a letter confirming that the Deed of Trust is settled and no additional payments are due. The Beneficiary refused to comply to the letter from my Escrow/Title company. Consequentially, I was not able to refinance the property with a new low interest loan.

As the loan (first Deed of Trust) was due and payable in full, the Beneficiary offered me a roll over of the exciting loan at a higher interest which I had to accept. A month later, as the lender was ready to file the amendment, I received a letter from him if the second Deed of Trust, which I paid off is not reconvened within 48 hours he will call the loan. I forwarded the letter to the Beneficiary of the second Deed of Trust, who first refused to respond to the letter from my Escrow/Title Company. Now, I am considering to file a complaint for slander of title, by the
Beneficiary of the second Deed of Trust. I am not clear, who has to pay my Attorney Fee and what damages I can claim. Will I be entitled for punitive damages?
**A; you will have to pay for your attorney. So seek one out. And please do not try to sound like an attorney. Do not tell him/her that you rolled over an exciting loan at a higher interest rate or the deed of trust was not reconvened within 48 hours
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top