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Old 07-20-2009, 01:06 PM   #2 (permalink)
Nathan Fransen Esq.
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Re: How long should this take?

cageycruz,
You raise several good questions. I will do my best to provide an answer without giving too much specific legal advice. These forums are difficult because i have to be careful not to create an attorney-client relationship inadvertantly.

That being said, lets start with "recourse loans". Let me first give you some homework to do. Take a look at California Civil Code Section 580d. This code section deals with lenders rights for deficiency following a trustee sale. Also check out: Security Pacific National Bank v. Wozab, (1990) 51 Cal. 3d 991. This case deals with lenders options in the event a borrower is in default.

What you will likely find is that the first lien holder does not have the ability to pursue a deficiency judgment after a trustee sale. Again, do your own homework to confirm. Something else you may consider is having an attorney draft an "opinion letter". My office does a fair amount of these. Basically you can present the attorney with your situation and questions and have them respond in a written format with supported research. I have found this is very helpful for piece of mind and planning.

As to your questions regarding Grander Financial, i can't offer much on that. It is in deed possible that your lender is taking several months and Grander is doing everything they can at this point. Of course it is also possible that they are not doing enough. I would suggest you continue to stay in contact with them as well as your lender at this point.

Best Regards,
__________________
Nathan Fransen
Attorney

Fransen & Molinaro Law Firm
(951) 520-9684
www.loanlaw.net

Disclaimer: The comments by me are for informational purposes only and not for the purpose of providing legal advice. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED. You should contact your attorney to obtain advice with respect to any particular issue or problem.
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