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Under CA contract and real estate law is a trust deed invalid if both husband and wife did not sign

Asked over 3 years ago - Chino Hills, CA

I SIGNED A 3RD DEED TRUST ON PERSONAL LOAN FROM A FRIEND. I FELL BEHIND ON PAYEMENT--THE PROPERTY WAS FORECLOSED AND LIEN WAS GIVEN TO MY FRIEND.. THE PRIMARY LENDER IS COUNTRY WIDE.. THE 2ND IS A HARD LENDER .. MY WIFE IS ALSO ON TITLE BUT DID NOT SIGN 3RD DEED OF TRUST.. IS THIS LEGAL AND CAN I DISPUTE THE LEGALITY OF THE LIEN TRUST SALE? NO ONE PURCHASED THE LIEN IN COURT AND MY FRIEND CONTINUES TO HOLD THE TITLE

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MY QUESTION IS? CAN I DISPUTE THE LEGALITY OF THE 3RD TRUST DEED, BASED UPON MY
WIFE ON THE TITLE AND SHE DID NOT SIGN THE 3RD TRUST DEED OR CONTRACT?

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Attorney answers (1)

Mitchell Reed Sussman

Reputation Level 14

Answered over 3 years ago. Real Estate Attorney in Newport Beach, CA.

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In addition to signing a Third Trust Deed, I assume you signed a promissory note to your friend. If the property has
been lost through foreclosure, you would still owe your friend by virtue of the promissory note.

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