Legal Question in Real Estate Law in California
filing a prejudgement writ of attachment
This is about two multi apartments whose 1st DoT I hold. The note holders are not in arrears, but they are now selling those properties. The issue is that when escrow closed 10/2004, two millionaires were posing to get me to carry paper. The real owners were hiding behind a trust which was introduced days before escrow closed. (They already sold a 20 units complex on 6/21).
I kept the 2 ''straw men's'' financial information and only those two were asking for the loans (1st DoTs properly recorded). I never even met or heard of the other owners for whom the straw men were getting the loans.
It is my understanding that I can take the properties back due to the unauthorized ''sale'' when escrow close 10/2004. No way am I comfortable with holding notes without knowing the debtors or their financial status!
Ideally, this can be done on a contingency basis with me paying costs. Q: Do you see any flaws? I would happily give up $ 100,000 to get this done very quickly as in days or weeks the other 2 properties will be sold, too.
Note holders are in Pasadena (L.A.), the properties are in San Bernardino county.
2 Answers from Attorneys
Re: filing a prejudgement writ of attachment
You may be able to file a pre-judgment attachment on the assets of the Defendants. We would have to review all of your paperwork to determine if you could. Our firm handles cases throughout California and takes cases on a contingency basis when we feel confortable that the case has merit.
Re: filing a prejudgement writ of attachment
It's not clear to me what the issue is. We have handled (and are currently handling) many suits regarding California real estate transactions. Please contact us directly to discuss your matter in more detail.
Regards,
Ben
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