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Legal description mistake leads to lien seniority issues
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Court Report
Wednesday, November 14, 2018
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When a couple defaulted on payments on a deed of trust encumbering their vacation home, the trustee for the deed of trust ordered a trustee’s sale of the property. After the sale, they discovered a mistake on the legal description that omitted the majority of the land intended to secure the note. The mistake introduced issues of seniority in lien status and prevented the trustee from reforming the original deed of trust. Read on for more details.
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