To: Canadian Outrage; Devil_Anse; runningbear
Actually the Deed of Trust was in favor of the Petersons, they are the lenders/beneficiary and they will be entitled to the rents if what they are owed is not paid by other means.
SP is the trustor, meaning he owes the money. Since that bozo will be in jail forever it looks like the Petersons could end up foreclosing on the property. This has all the earmarkings of a landgrab, especially when you consider that Lee and Jackie have SP's Power of Attorney and probably signed for him giving them a claim on the house.
To: RGSpincich
Would it not give them a claim on 50% of the property RG? What can they do about Laci's half which should vest to her estate? How can they foreclose on 50% of the property. To me it sounds like it may come down to a Court Ordered Sale and then Laci's half would go to her heirs and the other 50% could pay the debts. Surely there is a way in CA or any other state for that matter to secure a Joint Tenants portion of a piece of property. Here we call it a Lis Pendens and/or a Certificate of Pending Litigation. Until those charges are discharged, somebody has to be paid out before the property is free to do anything with. Also, since we believe Snott will be found Guilty, he can't profit in any way so are the Peterson's foreclosing on themselves? Way different. I understand what you mean with the P/A. They can do anything Scott could do if he wasn't indisposed. But liquidating and encumbering a jointly owned piece of property seems terrible to me. Here, the estate would have to be settled first.
85 posted on
11/20/2003 3:44:50 PM PST by
Canadian Outrage
(All us Western Canuks belong South)
To: RGSpincich
So they, the agents named in his power of attorney, signed an instrument, on his behalf, placing him in debt to THEM??
The person to whom the power of attorney is granted has a fiduciary responsibility to the person who grants the power of attorney. What they did does not sound legitimate.
To: RGSpincich
thanks RG... they make me sick!
89 posted on
11/21/2003 5:11:23 AM PST by
runningbear
(Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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