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Toohonestandnice

Is the Deed of Trust Fraudulent can it be recorded though it as I believe is fraudulent.i

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I was asked to give a loan to a man known to be a bully but I was told if I didn't give the loan this man would be angry. He seemed to have changed and told me that the loan would go through escrow and he would repay it with 6 months probably 2 or 3 months. I had already told the man I could not afford to have the money tied up any longer than 6 months. He was to give me a Deed of Trust on property he used for his Auto Tow company and was in process of buying junk cars to use in same yard for parts resale and dismanthing. I knew little about the business but I saw he was excited and had the drive to make this business a success. My friend drove me 2-3 hours North of my home in California saying thisomething man was closing escrow and needed the 20k I was loaning him at 10%int. for 6 months from March due in full October, with interest only paid monthly.

 

We made it to his property but several days went by without me being brought to the title co., though they left early not returning til late and I was paying motel bills and food. Finally, the 5th day we left and I was told we were going to the Title company after lunch. I was drive to a small strip mall, I was confused no restaurant but a grocery store. My friend got anxious when I asked him what was going on and he left the car. He's friend runs up with papers in hand reading the terms of loan, this washould the Deed of Trust. I got out and went into store where I see a small bank branch he goes to teller asks for notary. I'm completely becoming little scared and leary, he assured me this had to be deposited into his account and waa being wired to title co. immediately so that new property he was buying was closing right then. I've never bought a home and the man I traveled with assured me that this is how things worked. The gentleman signs the DOT as officer of his Business under an LLC. This corporate Name is different from his Businesses names. He signed DOT dating it that day. Then I sign the back of cashiers check made payable to me, he also signs back of check and deposits it into his bank account. I'm not sure now if it was his personal or business account. I later a month or so overhead discussion that his property just cleared escrow.

 

I hadn't recorded DOT because my friend was in a hurry to leave not giving Meach time to drive another hour out of our way to the county seat. I also noticed my lastime name wasn't listed next to my first.Since I have not recieved a payment and have been told so many times he had money was going to pay me. Then he has over excuse after another why he can't pay me. I have been extremely patient is I've asked that he changeven the date of DOT so that I could record it but he's not done that either. He's told my friend he didn't sign the DOT, sounds like he never intended to repay the loan as he's made no attempt to make a payment. Is this DOT fraudulent? he didn't own property when he signed and took my money and deposited it. I've been lied to even the man I thought was my friend of could trust has gone so far as to take casher while I was in the hospital from my purse bought a car, told me i would recieved 1/2 profit but when sold didn't pay me $0.00 from the sale. The two men took 5k in cash from me while I showered and spent money at a car auction. I loaned my friend 6k over 3 months to pay rent on a building filled with old classic collector cars (they all are dirty, don't run and he's got junk piled on top. I found he once owned the largest dismantling yard on the Peninsula but he lost it by draining toxic fluids onto the ground. I've found both men have lengthy criminal records. Using other people's dismantling license since they can't obtain onemail themselves since they are felons. I don't know how to handle this.

 

I canthink afford and attorney for obvious reasons. I was ill and going through a long divorce while this all was taking place. I need to get ther money back, but I was told that if I brought a friend with me 3hr drive from my home, I'm not up to the drive myself that he would never pay me because it would be disrespectful of me. He also said if I foreclosed on him he would file for bankruptcy. I had a really bad attorney during my divorce so I'm gun shy, I am in need of a medical malpractice attorney but again between divorce and the stress these two put me under I'm afraid I may have gone past statute. Can you tell me if the Deed can be recorded I should have been the first but I was not able to drive to record it when I did get up there I was told my last name needed to be added as well as a trustee/beneficiary also my address is no longer correct. What recourse do I have, do I need to report this time the authorities.

 

I don't want them to do thisomthing to anyone else. I recently found that my friend has been charged with realestate fraud as well as two of his friends in real 1989 for recording false documents and forgery. I believe he's putting homes in other people names now to hide from leins. I don't want to do anything illegal I just want to get back to living my life with them not in it. please help me if you can. thanks

Edited by Findlaw_FN

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I didn't read all that. Way too much extraneous detail and one huge paragraph. So ... I can't hop on board "call police" train.

As for only question I could see, yes, deed can be recorded. (Whether it was recorded and question moot is unknown.)

Seek out real estate counsel in state where the transaction occurred.

If details above include a robbery/theft. you don't need strangers to tell you to contact law enforcement or local prosecutor. But I'd leave out extraneous details if you expect someone to listen.

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Thank you and sorry TMI. I've gone through too much these past two years. I wasn't sure if I would be committing fraud also by recording the document that I considered fraud. I was told to seek out counsel and to contact police and DA. He didn't own the property when he signed DOT that was why I was uncertain in it could be legally recorded. I didn't know what he would try if I foreclosed with the document. Felt he might say he didn't own property then so how could he give me a DOT for it.

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Look, if I understand what you wrote, the deed of trust did not contain your last name, did not designate a trustee, did not name the beneficiary and is a meaningless document. It can't be recorded. How would it be indexed?

You are being ripped off! You are a lamb being lead to the slaughter by merciless predators.

You don't say how old you are but I have seen too many elderly people who are totally clueless and end up penniless because of these types of actions. Please call the police!

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Toohonestandnice,

 

Thank you for posting. You do need to contact local authorities as well as federal (The FBI fraud division) so that they may investigate this situation. As for the deed and money, you will need an attorney to help sort that ought for you. Is ther no way you can afford one?

 

The FindLaw.com Team

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