Just Five Litte Questions
1. In a standard deed of trust does the borrower/trustor irrevocably grant and convey 100% legal title to the trustee, to hold in trust, with power of sale?
2. If you answered yes, being that the grant/conveyance was irrevocable, how is it possible for the same borrower/trustor to obtain a junior deed of trust using legal title to the same property as collateral, unless of course, the trustee of the senior deed of trust reconveyed partial legal title back to the borrower/trustor, so that they could subsequently irrevocably grant and convey said title to the trustee of the junior trust deed?
3. If you answered yes, how is it possible for a trustee of a junior trust deed to non-judicially foreclose an interest (legal title) they never had?
4. If you answered no, being that the grant/conveyance was irrevocable, how is it possible for a trustee in a senior deed of trust to exercise its power of sale and non-judicially foreclose, then subsequently transfer 100% legal title to the collateral, to a successful third-party bidder at a public auction via a trustee’s deed?
5. If you answered no, is it possible that all trust deeds may be illegal or unlawful since they may violate the 14th Amendment to the U.S. Constitution which reads in part “No state shall make or ENFORCE any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or PROPERTY, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”?
[ Edited by Darryle-CA on Date 08/06/2006 ]
RE; Last Question ( regarding 14th amendment ).
Constitutional rights are at par with other rights, so, it is possible, and permissable, to "contract away" ( waive by agreement ) constitutional rights.
On an individual level, one can detyermine that they desire to enter this particular agreement ( contract ), pay this price ( which may include waiving certain constitutionally recognized rights, in return for whatever.
On a legislative level, generally any law can be enacted, and it is up to a particular individual in a particular dispute, to initiae a challange to such law, based on the facts of the particular case. In other words, an "illegal" law is valid, for all intents and purposes, if unchallanged.
thnak You.
SpyBoy
Waqyne,
So the agent has a friend who has a friend.
No big deal.
Find out what the friend can do, and if it fits the parameters of the purchase contract.
Surely your contract spells out the loan parameters in your financing contingency to protect you from a terrible mortgage?
Maybe you can get the property, assuming it is something you want.
Or maybe it is attorney time.
[addsig]
You may have to hire an attorney to get this resolved, which I realize you already know.
But if this was me before I did that, since you have already been cited by the city and have made the attempts for the repairs, I would take your neighbor before the city council/board.
Explain to the council during their regular meeting, that you are attempting to fix the problem, but because of interference by this neighbor (showing proof of the trespass situation), you are unable to complete the repairs. Bring in all your documentation. Even show the council the invitation you wrote your neighbor, if he refuses to attend the meeting to defend his position.
Then let the council figure out a solution.
John (LV)
Thanks for all the responses.
finnigan and Mike: Yeah, I tried that. Mostly the problem seems to be that the neighbor is unhappy that a white guy (me) bought this property in a predominanty black neighborhood. For over a year now he has been Pi**ed-off and as unco-operative as possible.
I do have a call into an architect buddy of mine who has surely run into this before. Just hoping some of the jailhouse lawyers out here could get me some legal basis for a claim.
I think if I can even get him as a co-defendant on the city suit I might get enough leverage to get him to be more cooperative.
jimandlacy:
As far as fixing it from a crane this might be possible (at much more expense) but theoretically this is not any different as I would need permission to occupy the airspace above his lot just like I would to put up a scaffolding on the ground. The building is only 25 feet tall or so.
So you would have the same issue with a swing stage hung from the roof?
Interesting issue, please let us know how it shakes out.
Jim
Well the problem is that the parapet wall is crumbling and needs to be rebuilt-- I am afraid a swing stage would pull it down.