Legal Question in Real Estate Law in California
my church own a house that was under a church members name. The church agree to sell the house, the escrow closed about a month ago and the check was send to this church member. Now he do not want to give the money to the church. ($143000)
3 Answers from Attorneys
What evidence is there of the church ownership. Generally property issues must be in proper writings so the full fact situation would have to be examined.
SelikLaw @ aol.com
Claiming they 'owned' it does not make that true, or legally enforceable. What documents and evidence do they have to show change of title and proof of ownership different that the legal title documents?
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Generally, the public records at the county recorder's office are pretty reliable evidence of who owns each parcel of real estate in the county -- but not always! Was title insurance issued to the buyer? Who prepared the sale documents? Who signed as the seller? Why did the check go to the member? Has the matter been discussed with the escrow holder, the title insurer, or the buyer? Were there any real-estate professionals involved (brokers, agents), and if so, what do they say? A lot more facts need to be developed before an attorney could give you a reasonably complete analysis and recommend whether and what action to take. However, I recommend that this be done!
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