I live in North Carolina. I lent $60,000 to an old family friend in California, using a 6 month note secured by a deed of trust, on a property that had been in his family for decades. He defaulted, and disappeared. Using google, I found out that the property was forclosed, and sold at auction. I was never notified of anything. I don't know how a property could be foreclosed without notifying all parties that have an interest in the property. I'm thinking the deed was never recorded properly or something? Or maybe there was fraud involved. Regardless, I need a lawyer to find out what really happened and why, and tell me if I have any legal recourse at all, or if I just have to declare it as a loss and let it go. I have no idea where to start. I don't know any lawyers here in NC, or in CA. Would this issue be handled by a real estate attorney, a foreclosure/debt/credit attorney, or a general practice lawyer? Lastly, are there any better ways to find a good lawyer in CA to handle it, other than using one of the lawyer referral websites, which seems to me like picking a name out of the phone book? Thanks for any help or advice on this matter.
You could contact the California state bar for a referral. http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx If you want me to give you the name and number of an attorney (not me) drop me a pm and I will provide it. As for the note. It sounds like you did not have it recorded - did an attorney help you guys draft the note? If so, you may have a malpractice case against him for not recording the note or advising you to record the note.
I don't know how the California state bar referral program works but most bar association referral programs I have seen do little or no screening of cases to create a good match. Mostly, the attorney lists what types of cases he or she will take, and those are the types of matters they are referred. If you can find a personal referral from a friend or networking (or from someone like browntwn), you are more likely to get a good match. You still should do your own assessment of the attorney's background and skill. Fortunately, most attorneys these days have websites that tell you a lot more about them than a published legal directory ever did. For more suggestions, read this article on finding and evaluating an attorney.
Im a lawyer... Its sound bleak...the problem with your deal is that you never recorded your interest in the property with the registry of deeds so no one is on notice of it. I think you are out of luck with regard to the property. You are better off trying to sue the guy personally but from what it sounds like he was in bad financial shape. If you do sue him you want a civil litigation lawyer. Who would work on contingency. If he has any property you could try to attach his real estate...
There must be many lawyers for these kind of scenarios in your area. Contact them, I think this would fall under the category of personal injury law or personal loss.
at most you were defrauded by your friend by not entering the deed to the proper registry.you can go to a general practicing lawyer and file a suit case against your friend of fraud and other swindling case.