Q: I bought my first house in February. The whole process went great. My Realtor even said it was one of the easiest escrows she had ever been through. Then, last week, I got a notice from a dimwit that he was recording a second deed of trust against the house because of some money the sellers owed him, about $30,000. I went down to the county Recorders Office and checked. Sure enough, there was a brand-new deed of trust just recorded that the seller had signed almost two years ago. I don’t know what to do now. Help!
Tim Jones
A deed of trust is a security document a property owner gives to someone, typically a mortgage lender, that offers up the property as security for the loan. We use them here in California so when you don’t pay your mortgage and the bank wants to foreclose it doesn’t have to file a lawsuit like it does in many
But the deed of trust has to have the notarized signature of the property owner on it. I’d imagine one of two things
A: First, let me assure you that you don’t owe the $30k and the dimwit isn’t going to be able to foreclose on your house. So take a breath and let’s figure this out.
First, there’s a lot that doesn’t make sense here.
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Either the seller did indeed sign the deed of trust prior to you buying the property, or the dimwit somehow forged the signature and notary acknowledgement. Not easy to
See Jones, Page 5
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In the late 1990s, when midcentury modern furniture was making a comeback, interior designer Brad Dunning and his friends would excitedly call each other whenever they spotted an Eames bubchair or another recognizable piece on television. Now, if they did that, they would never get off the phone.
Mid-century modern is “not even a trend anymore - it’s the dominant aesthetic,” says Dunning, who curated an exhibit last year on modern chairs for the Palm Springs Art Museum in California. “It’s either fascinating or depressing that we haven’t replaced [it] with anything better. But it is a marker that those designs were so strong that they have lasted this long.”
Though the label gets thrown around even when describing brand-new items (the “Petrie Midcentury Sofa” at Crate & Barrel, for instance), in its truest sense, mid-century modern refers to furnishings designed from the late 1940s into the 1970s. Its clean lines and modest proportions often translate to timelessness, offering one clue about why mid-century modernism seems like it will never die. But its staying power is mostly thanks to its founding principle: high-minded design that’s also functional and widely accessible - an ethos that has propelled the style not only through time, but from showrooms and living rooms into American pop culture.
When it first came into fashion, mid-century modernism supplanted Colonial-revival and other fussier, traditional styles that dominated before World War II. “Mid-century modern designers were trying to get back to the core of what an object is and what it’s supposed to do,” says Katherine White, curator of design at the Henry Ford Museum of American Innovation near Detroit. Rather than mim-
icking preexisting styles, they made “foundational changes” to what furniture could be, she explains. The result: pieces that were affordable, high-quality, and scaled for city apartments and the smaller homes built during the postwar boom.
Furniture design hasn’t shifted in such a major or lasting way since. Postmodernism, characterized by bright colors and rounded shapes, was never as dominant during its 1980s and early ‘90s heyday. And by the late ‘90smore than a decade before the hit TV series “Mad Men” premiered - mid-century modernism was making a full-blown comeback.
“Certainly some people discovered it through ‘Mad Men,’” says Dan Bishop, the show’s production designer. But he readily
acknowledges it was already in the cultural ether: “Even the people who didn’t really watch TV, they still understood it.”
Though “Mad Men” might have supercharged the style’s popularity in the aughts, the likely culprit for its ‘90s resurgence is Herman Miller, the furniture maker behind famous mid-century designs such as the Noguchi table, the Nelson Saucer Bubble pendant and the aforementioned Eames lounger. After a nearly three-decade pivot to commercial office furniture, the company began reissuing popular residential pieces in 1994 under a retail initiative called Herman Miller for the Home.
Amy Auscherman, Herman Miller’s director of archives and brand heritage, says the timing
of the relaunch simply reflected the “natural trend evolution” of things tending to come back into style after 30 years or so. The “nostalgia pendulum theory” attempts to explain why this happens - it says trends follow a 30-year cycle because the people who enjoyed them as children are by then grown-up consumers.
Herman Miller was apparently onto something: Today, Auscherman says the company sells more Eames loungers than at any time in its history.
The company also had a lot to do with making the mid-20th century the only American furniture era in which the designers themselves became household names. In 1945, Herman Miller hired George Nelson, then a prominent architect and writer, as head
of design. Nelson produced his own pieces - including the now omnipresent Bubble pendant, but also the Marshmallow sofa and Coconut chair - and recruited contemporaries such as Charles and Ray Eames and Isamu Noguchi.
Furniture company Knoll similarly tapped into a design dream team under the leadership of Florence Knoll, who acquired the exclusive rights to Ludwig Mies van der Rohe’s work - including his famous Barcelona chair - and paid designers royalties for their creations, which resulted in Eero Saarinen’s iconic Tulip chairs and tables, and Harry Bertoia’s Diamond chair.
Never before were so many top designers mass-producing their work for average households.
See Home Style, Page 15
From Page 3
do but I hear Photoshop can do amazing things in the hands of the right person.
Either way, it’s an inconvenience to you but you won’t lose the property.
However, you are going to have to take some action to protect yourself because this document, even though illegitimate, is going to remain in your chain of title.
The first thing you need to do is to go to the title company that handled your escrow and tell them you need to fill out a claim form.
Title insurance isn’t very different from your homeowner or automobile insurance policies. You, or the seller, paid for a policy that guarantees you are buying clear title to the property. When it appears that you may not have gotten clear title you need to make a claim.
I need to warn you though that the title company may or may not take action to protect your interests depending upon whether they feel this claim falls into an exception to your coverage, which it may if they determine this is a lien that came into being after they issued their policy.
Regardless, you need to go ahead and make the claim.
Next, send a letter to the guy telling him that you are the current owner of the property and the seller no longer has any interest in the house. Make a demand, in no uncertain words, that he immediately release his lien or you will bring legal action.
You may want to have an
attorney prepare the letter to make sure it ticks all the boxes. If you have to file a lawsuit this letter will be part of the pleadings.
Do this as soon as possible.
If you are forced to bring a lawsuit, there are at least two causes of action. The first is known as a “quiet title” action.
Quiet title actions are filed when a property owner wishes to remove some type of claim another person is making that affects the ownership of the property. Sometimes it’s to get rid of an old, unused easement, and sometimes it’s used to prove that a deed that appears in the chain of title is invalid.
In your case you are going to use it to prove that you don’t owe the $30k, the deed of trust was filed fraudulently, and that the house is not subject to being used as collateral.
The other claim is going to be something akin to fraud. Typically, a claim for slander of title in which the lien holder (Dimwit) knows the claim is illegal but files the document anyway. It carries the potential of punitive damages. That’s why you want to get the demand letter out to let him know the property changed hands prior to him recording his deed of trust.
The seller, on the other hand, may still owe the money but Mr. Dimwit is going to have to figure out another way to get it.
So start with the title company and the letter, then go from there.
Tim Jones is a real estate attorney in Fairfield. If you have a real estate questions you would like to have answered in this column you can send an email to AllThingsRealEstate@ TJones-Law.com.
To advertise here, call 707-427-6927
Houses typically feature various areas that are traditionally designed for storage, such as garages, basements and attics. However, with some renovation, these spaces can be transformed into livable areas.
Homeowners who would like to convert attics into livable spaces need to take certain things into consideration before starting an improvement project. While the attic may seem like it has plenty of room and is structurally sound enough to walk in, that’s not necessarily so. To be converted into usable living space, an attic must be brought up to the standards of modern building codes, according to the design experts at Board & Vellum. Retrofitting beams and insulation can eat up available space in an attic. Thus, it is best to consult an expert to see if an attic can be converted.
Furthermore, an attic that was not initially designed as a room when the house was built can add extra “load” upstairs if it is converted. That could present certain structural problems. That means a structural engineer also must be consulted to see if adding beams, flooring and drywall will necessitate other changes elsewhere in the home to accommodate the extra load.
In order to have a functional attic room, building codes will dictate that it needs to be accessible by a full-size staircase. Also, it will need to have another exit in case of an emergency so that will likely be an accessible window, according to the home information
site The Fill. Homeowners’ budgets and renovation plans will need to factor into these considerations. Homeowners also are advised to check local permits to determine what else may be required to go forward. It is best to follow the rules. Lack of a permit for work can affect the ability to sell a home down the line.
Individuals also should plan for heating and cooling upgrades as the home will need to have ductwork installed in the attic, or at the least, a standalone heating and cooling unit. As heat rises, it can get quite warm in an attic, so ventila-
tion and comfort should be considered. The attic will need to be wired for electricity for lighting and other needs. Air sealing and additional insulation can the attic space more comfortable as well. Consult with a qualified electrician and an HVAC technician and have an energy audit done to discuss needs.
Attic renovations can give homeowners more space in their homes, which can be used as offices, bedrooms or cozy corners. This is no small undertaking and all of the right steps need to be followed to ensure a legal, safe and successful renovation.
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Itry to have a sense of humor in some of my stories but the numbers I have seen these last couple days of research on today’s homeowner’s insurance crisis are no laughing matter. My mom and dad retired 30 years ago from San Francisco to a 2-story home in Coffey Park, Santa Rosa. The entire Coffey Park community burned to the ground back in the 2017 Tubbs Fire which destroyed 5600 structures. Fortunately, my brothers and sisters convinced my folks to move to a one-story house in Oakmont, Santa Rosa 2 years before the firestorm which may have saved their lives because their beloved 2 story home was
leveled in 30 minutes. The Porter family had lived for 3 generations in San Francisco. We will take an earthquake all day long over a firestorm, tornado, or hurricane. 12 million acres have burned in California since 2012. From 1990 to 2010 the insurance industry paid out an average of $600 million per year in wildfire losses and then from 2011 to 2021 the claims paid averaged over 5 billion per year. The losses from the Tubbs Fire and the Camp Fire alone decimated more than a quarter century’s worth of underwriting profits for the California insurance market. We had insurance companies boycotting California
over 30 years ago after the state required them to offer earthquake insurance, but they all came back and keep in mind only 10% of homeowners have earthquake insurance today because mortgage companies do not require this coverage. Lenders require fire insurance. Allstate and State Farm just made a business decision to no longer write new policies in California and almost everyone I know has had their insurance premium increased or their current company refuse to renew their policy. The California Fair Plan is available for fire insurance, but homeowners should talk to their local insurance broker to make sure they have proper coverage for liability and hazards other
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than fire. California homeowners are now paying more for insurance which hurts housing affordability. 85% of all wildfires are caused by humans and only 15% are started by mother nature. Like Smokey has been saying since 1944 “Only you can prevent wildfires”.
Jim Porter, NMLS No. 276412, is the branch manager and senior loan adviser of Solano Mortgage, NMLS No. 1515497, a division of American Pacific Mortgage Corporation, NMLS No. 1850, licensed in California by the Department of Financial Protection and Innovation under the CRMLA / Equal Housing Opportunity. Jim can be reached at 707-449-4777.
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These are the local homes sold recently, provided by California Resource of Lodi. The company can be reached at 209.365.6663 or CalResource@aol.com.
05-08-23 [3 Bdrms - 1582 SqFt - 1957 YrBlt],
Previous Sale: 06-30-08, $250,000
154 Monte Verde Drive - $900,000
05-12-23 [5 Bdrms - 2579 SqFt - 1978 YrBlt]
561 Morningstar Court - $645,000
05-08-23 [3 Bdrms - 2066 SqFt - 1989 YrBlt],
Previous Sale: 11-16-20, $525,000
197 Nantucket Circle - $580,000
05-09-23 [4 Bdrms - 1824 SqFt - 1989 YrBlt],
Previous Sale: 06-07-04, $395,000
184 Oak Creek Court - $723,000
05-09-23 [4 Bdrms - 2193 SqFt - 1989 YrBlt],
Previous Sale: 07-12-07, $500,000
811 South Orchard Avenue - $550,000
05-09-23 [3 Bdrms - 1504 SqFt - 1965 YrBlt],
Previous Sale: 12-21-17, $380,000
620 Piedmont Court - $605,000
05-12-23 [3 Bdrms - 1694 SqFt - 1986 YrBlt],
Previous Sale: 01-08-14, $330,000
214 Providence Place - $635,000
05-12-23 [4 Bdrms - 1914 SqFt - 1979 YrBlt],
Previous Sale: 03-18-19, $485,000
573 Rambleton Drive - $805,000
05-10-23 [4 Bdrms - 2102 SqFt - 1988 YrBlt],
Previous Sale: 12-01-16, $465,000
625 Rutgers Street - $675,000
05-11-23 [4 Bdrms - 1980 SqFt - 1989 YrBlt],
Previous Sale: 10-07-15, $450,000
672 Silver Star Court - $566,000
05-12-23 [5 Bdrms - 2708 SqFt - 2007 YrBlt],
Previous Sale: 01-14-22, $576,000
542 Sitka Drive - $670,000
05-08-23 [4 Bdrms - 2380 SqFt - 2017 YrBlt],
Previous Sale: 08-02-17, $508,000
403 Springvalley Drive - $535,000
05-12-23 [3 Bdrms - 1296 SqFt - 1971 YrBlt],
Previous Sale: 05-21-19, $410,000
612 Tiburon Lane - $560,000
05-11-23 [3 Bdrms - 1592 SqFt - 1981 YrBlt]
130 Troy Court - $615,000
05-09-23 [4 Bdrms - 1838 SqFt - 1975 YrBlt],
Previous Sale: 10-14-22, $265,000
606 White Oak Lane - $675,000
05-12-23 [4 Bdrms - 2057 SqFt - 1990 YrBlt],
Previous Sale: 05-01-12, $276,000
TOTAL SALES: 26
LOWEST AMOUNT: $190,000.00
HIGHEST AMOUNT: $955,000.00
MEDIAN AMOUNT: $530,000.00
AVERAGE AMOUNT: $554,904.00
[2 Bdrms - 952 SqFt - 1971 YrBlt],
Previous Sale: 11-05-13, $28,500
2001 Eastwood Drive #44 - $275,000
05-08-23 [2 Bdrms - 890 SqFt - 2001 YrBlt],
Previous Sale: 03-24-21, $275,000
655 Forest Ridge Lane - $735,000
05-11-23 [4 Bdrms - 2511 SqFt - 1990 YrBlt]
337 Grand Canyon Drive - $510,000
05-12-23 [2 Bdrms - 1312 SqFt - 2003 YrBlt],
Previous Sale: 08-30-12, $252,500
290 Hemlock Street - $516,000
924 Alameda Street - $413,000
05-12-23 [2 Bdrms - 768 SqFt - 1915 YrBlt],
Previous Sale: 06-28-22, $600,000
33 Ashton Court - $714,000
05-12-23 [3 Bdrms - 2223 SqFt - 1976 YrBlt]
6174 Ashwell Way - $689,000
05-12-23 [4 Bdrms - 2264 SqFt - 2004 YrBlt],
Previous Sale: 08-13-20, $565,000
987 Aster Drive - $520,000
05-09-23 [3 Bdrms - 1170 SqFt - 1978 YrBlt],
Previous Sale: 09-16-11, $115,000
491 Avalon Circle - $567,000
05-12-23 [3 Bdrms - 1741 SqFt - 1987 YrBlt],
Previous Sale: 05-19-15, $330,000
113 Baywood Drive - $435,000
05-09-23 [3 Bdrms - 1273 SqFt - 1954 YrBlt]
8846 Blue River Drive - $870,000
05-09-23 [5 Bdrms - 2535 SqFt - 2019 YrBlt],
Previous Sale: 12-01-21, $808,000
52 D Street - $645,000
05-10-23 [4 Bdrms - 1873 SqFt
From Page 4
“It was just a unique period,” says Oscar Fitzgerald, author of “American Furniture Designers: 1900-2020.” What resulted, he says, was “absolutely beautiful.” (In 2021, Herman Miller acquired Knoll, forming MillerKnoll.)
The broad availability of such appealing designs also helped lodge them firmly into pop culture, and in the decades since their debut, they’ve shown up in some unexpected places. The 1999 Destiny’s Child music video for “Say My Name,” for example, serves up a mid-century buffet: You can spot an Eames compact sofa, a Warren Platner coffee table, a Noguchi table and an Eileen Gray side table.
Malena Brush, owner of Habitat Gallery in Culver City, Calif., works with set decorators and designers who are “the ones picking out these pieces over and over and over again and using them in commercials and television and print,” she says. “You’re being inundated with them as a consumer. Even if it’s not a direct advertisement for furniture, you’re seeing these pieces, these classics, over and over and over again.”
Aside from seeping into the American subconscious, there are some very practical explanations for mid-century modernism’s enduring appeal. For one thing, the simplicity of the designs makes them exceptionally adaptable.
Nina Barnieh-Blair, principal of interior design firm NinaBDesign
in New York City, says the aesthetic remains the ideal building block for decor: “It’s one of the few styles that you can actually incorporate with other interior design styles.” When she designs for couples who disagree about how they’d like their home to look, the versatility of mid-century modernism often provides the foundation for compromise.
“I’ve used mid-century furniture in even really historic buildings - it’s still relevant,” says Jacu Strauss, creative director of hospitality design firm Lore Group. “In Amsterdam, I did a hotel that was 400 years old with Verner Panton chairs.” Even someone who doesn’t love their bold, heart-cone shape and red color can recognize how comfortable they are, he says. “That’s why it has such broad appeal.”
The craftsmanship is about
more than good looks. Mid-century modern pieces represent “the last great period of solid quality construction,” says Douglas Meyers, owner of Modern Mobler, a vintage seller in D.C. and Maryland. The big-box stores of that era, such as Sears Roebuck, sold furniture that was both affordable and built to last. Comparatively, when you buy something at today’s less expensive chainssay, Ikea or Wayfair - you rarely expect it to survive more than a few years.
“There’s some pragmatic discussion of why these pieces have held on and survived - they just haven’t fallen apart,” says Dunning, whose Palm Springs exhibit on modern chairs highlighted this quality. “The pieces are just sturdier and more durable. . . . People move around a lot and these pieces can get thrown in the back of a truck - literally thrownand survive to the next stop.”
At this point, mid-century purveyors have watched items go through multiple life cycles. “I have pieces that I sold 25 years ago, but since that time I’ve gotten back and sold another two or three times,” says Courtney Newman, owner of ModernWay in Palm Springs, Calif. “Because it’s so well-made and so iconic in style, it kind of never leaves the marketplace.”
The pieces have, however, become less affordable. Highly sought items in pristine condition - an original Saarinen Tulip dining table, for instance, or a Vladimir Kagan Serpentine sofa - are a blue-chip investment. “The true classics are here to stay. They’re not going anywhere, and they’re just going to increase in demand and desirability,” says Brush.
As bargain-priced knockoffs of the more recognizable pieces proliferate, serious collectors have
begun seeking out lesser-known mid-century designers from other countries, such as Japan and Italy. “People are just digging deeper now, but they’re still mining the mid-century vein,” says Dunning. “People’s entry drug was American mid-century with Herman Miller. But now they’re so addicted, they’re searching the globe for these more arcane and obscure designs.”
