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To: runningbear
Hey, maybe they are giving back the $14,932.+ so that he can continue to make his truck payments.

From the California Civil Code of Procedure - 405.24. From the time of recording the notice of pendency of action, a purchaser, encumbrancer, or other transferee of the real property described in the notice shall be deemed to have constructive notice of the pendency of the noticed action as it relates to the real property and only of its pendency against parties not fictitiously named. The rights and interest of the claimant in the property, as ultimately determined in the pending noticed action, shall relate back to the date of the recording of the notice.

Sharon Rocha's recent filing on the Covena property (it was a Notice of Pendency of Action) put her claim BEHIND that of the Petersons ($100K) and the first lender(over $150K). That is, unless the P's TD is deemed invalid for lack of authorized signatures. SP never did file the proper Affidavit of Death of a Joint Tenant. I don't know that he would be solely able to encumber the property without having done so. Doubt if the Petersons were able to or even attempted to purchase title insurance on their TD.

The Notice of Pendency of Action was sent certified mail to SP at Covena AND c/o Stanislaus County Jail, 1115 H Street, Modesto, CA 95354. Sharon is going to be one pen pal he wished he didn't have. The Petersons were also served by certified mail in San Diego.

56 posted on 12/03/2003 7:36:32 AM PST by RGSpincich
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To: RGSpincich
RG, I'm trying to follow along, but I'm a bit lost. What is a TD?
60 posted on 12/03/2003 7:47:15 AM PST by Velveeta
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To: RGSpincich
LOVE IT... ;o) Great news, and more headaches for the Petersons, unless Geragos pulls a fast one to have the need for fast cash... ;o(
88 posted on 12/03/2003 9:14:54 AM PST by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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