Saturday, January 4, 2014

In California, when a mortgage loan has been has been transferred to a mortgage pass through certificate series, shouldn't it be recorded wi...

Question

In California, when a mortgage loan has been has been transferred to a mortgage pass through certificate series, shouldn't it be recorded with the county recorder since it does not have to be reported to the person that has been given the loan ?



Answer

No, with respect to a deed of trust. Yes, with respect to a mortgage. You are probably calling your deed of trust a mortgage, which is a significant error. Read Civil Code section 2932.5 carefully. See Calvo v. HSBC Bank (2nd Dist. 2011) 199 Cal.App.4th 118.



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