Legal Question in Real Estate Law in California
Quiet Title
I recently entered Escrow on a house which I lived in for six years. I opened Escrow because the owner phoned me and asked me to do this. I got all the escrow papers signed, including the Grant Deed and 1st Trust Deed which he was carrying, signed notorized at his bank. I was going to deposit the papers back into escrow and the owner called and said he changed his mind instead of $20,000.00 he wanted $60,000.00 down. two weeks after signing the papers. I then received a law suit from his son who is representing the owner accusing me of fraud and elder abuse. Additionally, they are going for a quiet Tilte. I feel like I could sue for Quiet Title but I don't know if I can or not, and can I answer the lawsuit myself, and can I counter sue myself?
1 Answer from Attorneys
Re: Quiet Title
You need to see an attorney immediately,if you have not already done so, as you face losing the lawsuit by default.
Please understand that the phrase "entered escrow" doesn't tell me what's going on. All sorts of parties participate in escrows for all sorts of reasons. You don't say so, but it sounds as though you were trying to buy the house. If so, the first question is whether you and the owner signed a contract. Then ,the question(s) become "What does the contract say?"
Most home-sale transactions, especially those using formal escrows, are written up with the help of real-estate professionals and/or escrow and title professionals, on standard fil-in-the-blanks contract forms. If you used such a purchase agreement form, it will be much easier for your lawyer (and the court) to figure out what your rights and defenses are.
In any case, see a lawyer at once and start the defense of the suit!
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