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Mortgage and Deed of Trust Litigation

An Orange County, CA Real Estate Lawyer You Can Count On

Deciding how to finance a real estate transaction in Southern California can be a difficult decision. There are so many different ways to purchase a property. Knowing which one is the right one for you can be a challenge.

Most people choose to obtain a mortgage to buy a residential or commercial property. Others obtain a "Deed of Trust." Both types of agreements have their advantages. But you can also encounter many complicated legal problems which could jeopardize your purchase or sale.

Often, the only way to resolve such real estate disputes is to take legal action. In Orange County, the Law Offices of Daniel C. Carlton can assist you every step of the way. A lawyer with over 40 years' experience, a lifelong Southern California resident and a licensed Realtor, attorney Carlton knows real estate law inside and out.

Mortgage vs. Deed of Trust

Most real estate transactions involve a mortgage. Under such an agreement, the lender (known as the mortgagee) agrees to finance the purchase of a property for the borrower (known as the mortgagor). If the borrower does not honor the terms of the mortgage, the lender then has the right to place a lien on the property, which enables the lender to assume ownership of the property.

A deed of trust is similar to a mortgage but involves three parties - the borrower (known as the trustor), the lender (known as the beneficiary) and the trustee, which is an independent third party that controls the title for the property. If the borrower fails to abide by the rules in the deed of trust (including if the borrower no longer makes payments to the lender), the trustee has the right to sell the property at auction.

Common Legal Issues

There are many reasons why you may need to take legal action involving your mortgage or deed of trust. Some of the most common reasons for mortgage disputes include:

  • A dispute between lender and borrower over terms of mortgage
  • The lender misrepresents terms of mortgage to borrower
  • The lender changes the terms of mortgage without permission
  • The lender fails to follow rules outlined in mortgage contract

Some of the most common reasons for deed of trust disputes include:

  • The trustee and lender coordinate actions against the borrower
  • The trustee forecloses on the borrower without just cause
  • The trustee forecloses on the borrower without following rules outlined in deed
  • The lender or trustee fails to abide by the rules outlined in the deed

There are many other reasons why you may need to take legal action involving your mortgage or deed of trust in California. And our law firm can help you no matter what issue you're dealing with in Orange County.

Carlton Can Help

Experience matters when it comes to real estate law. You need someone who thoroughly understands how the legal system works, especially in your particular area. In Orange County, residents trust attorney Dan Carlton to make things right.

Attorney Carlton has been handling real estate cases in Southern California for more than 40 years. There's no substitute for such experience. He knows what information matters when it comes to litigation involving a mortgage or deed of trust. And he's not afraid to take legal action or file a lawsuit on your behalf if that's the best solution to your problem.

Don't wait to take legal action. Often, deadlines exist that need to be met. Otherwise, you could miss out on your opportunity for justice. Contact a law firm that will put your best interests first. Count on Dan Carlton when it matters most.

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