Legal Question in Real Estate Law in California

Re filing an Interpleder action, the most comprehensive answer came from Bryan Whipple, but he indicated he needed more info. This is a Real Estate sale gone bad. I was the seller, and the buyer backed out of the deal and left his deposit on the table. The escrow company declined to tender the deposit to the seller (me) in accordance with the agreement of sale instructions, and instead deposited it with the county court and filed an action as plantiff, and myself and the buyer as defendants. So it has been in the court's hands for approx. 19 months, and I don't know what the hangup is. I have the docket and the court records, which indicate that there was a finding for the seller. So I thought I can get things moving by filing an interpleader action. The amount of money is small (only $5000), so holding attorney's costs down is important.


Asked on 12/14/09, 11:33 pm

2 Answers from Attorneys

The interpleader action is what the escrow company filed. There is no need to file another one. Besides, you not being the holder of a fund claimed by others and not by you, you couldn't file one anyway. If there is a finding in your favor in the existing action, I'd need to know how that finding came to be, and what record of it is in the court's file, before I could advise you exactly how to proceed. Ultimately you need to turn the finding into a judgment and serve notice of entry of judgment on the buyer and the escrow company, then when the time to appeal expires, you'd have to check with the court clerk what the process is for getting a check cut for funds held by the court. If you'd like to give me a call, I can probably ask a few questions and point you better in the right direction, and it wouldn't be worth my time to bill you. If it's more complicated than it seems, I'd be happy to tell you that and help you find local counsel to help you out. I was a vice president and associate general counsel for the largest title and escrow company in the country, so I'm sure I know someone in your area who can help if you can't get this done yourself.

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Answered on 12/20/09, 12:11 am
Terry A. Nelson Nelson & Lawless

The 'hangup' is that you have to take appropriate action to pursue the matter and resolve the case. If you don't know how, then hire an attorney that does. All the escrow company had to do is file the case, it's up to you to proceed.

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Answered on 12/21/09, 11:29 am


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