In California, with activist judges, and attorneys who may choose to take certain cases based on let's just say physiology versus money, to me it presents more risk- which is why I do not operate in California.

The wrong judge could double or treble the tenant's damages.

We are dealing with a non-paying tenant and I am not happy with how our current manager is handling the situation.ThanksAmerican heritage has been solid for mealso never had a non paying tenant though so hard to judge 

It's far better to judge a lender by how they treat you vs how just the numbers.

You go to court and one or both could tell the judge, We never received any notice and it's your word against theirs.

Nothing is final until the judge raps their gavel on the bench, so seek official guidance from your attorney or CPA which is pertinent to your situation.

My attorney said no judge would agree with that especially since I had no idea these T&C even existed.

Insurance would cover it, I would pay the deductible, and no assets would be lost.If you are in an area like San Diego where people are more likely to sue, a judge is more likely to find you guilty, and the payout is expected to be higher, you may consider an umbrella insurance policy.

In a lawsuit a judge can order full disclosure from the Land Trust of the real owner (not just the trustee) and go after the person . 

However, if you end up in front of a judge, the judge will not compensate you for your time and you may even get in trouble if it looks like you are trying to take advantage of the tenant.