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If the house has already a mortgage from bank, can we still use the house to make deed of trust? how? will the wording differ

West Covina, CA |

a person borrow me money and allow me to put a lien on his house, some lawyers on this site answered that that will be promissory note and deed of trust. but the house already has a mortgage, how do we make this deed of trust as a voluntary lien?? what will be the difference in wording from the existing mortgage??

Attorney Answers 1


Yes, the lawyers advised you correctly. As to the wording, it's not a mortgage. It sounds like a personal loan for which the security is the person's house. It would be second in terms of priority as to the original mortgage loan (I say this assuming that there aren't other liens or loans on the house already).

Yes, a promissory note and a deed of trust would work. Those can be found online or at most stationary stores. The deed of trust would then have to be recorded against the property.

To make sure that you do it right, I would have a lawyer review it.

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