Legal Question in Real Estate Law in California

Re: Real estate dispuit

I do agree with Attorney Whipple - you may have a strong case, but guess what, its going to cost you a truck load of money to litigate this. Call Whipple or Nelson to discuss what their retainer will be for this litigation - you'll need to weigh that against what you could potentially recover.

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Re: Real estate dispuit

You can file a lawsuit, but to win will require evidence of the 'deal'. If you have no evidence at all, oh well. Are there no bank records, checks stubs, agreements, letters, emails, notes, phone voice mail, witnesses, people you told about it at the time, etc ?? If you actually have any evidence, then contact me if serious about pursuing it.

Re: Real estate dispuit

You can file a lawsuit, but to win will require evidence of the 'deal'. If you have no evidence at all, oh well. Are there no bank records, checks stubs, agreements, letters, emails, notes, phone voice mail, witnesses, people you told about it at the time, etc ?? How did he explain the funds to his escrow? If you actually have any evidence, then contact me if serious about pursuing it.

Re: Real estate dispuit

When Joe gives money to Sam and tells Sam to use the money to buy certain property for Joe with the money, and Sam does buy the property, but puts it in his name instead of Joe's name, Sam has only bare legal title, and the property really belongs to Joe, the guy who put up the money.

This is under the theory of a "purchase money resulting trust," where the law says Joe's money was used, Joe didn't intend to make a gift to Sam, and therefore we're going to invent a legal theory allowing Joe to get the property back.

The law will consider Sam to be holding the title to the property as an involuntary trustee of a legally presumed trust, and that Joe is the beneficiary of that trust. Sam must convey the property to Joe on Joe's demand.

You are Joe here; you have a right to demand, in court, that your so-called friend (Sam) deed the property over to you.

Lack of written evidence MIGHT be a problem here, but NO written agreement is necessary for a purchase-money resulting trust to arise.

I think you have a strong case, and I think if you have any supporting evidence (some of that paper Mr. Nelson's answer describes) it should be winnable. Starting very promptly is a good idea, because if the friend sells it before suit is filed and a "lis pendens" (notice of lawsuit) can be recorded against the property, a buyer without notice of your claim may get good title and your further rights would be limited.

Please contact me directly to discuss a possible inexpensive lawsuit to get your property in your name. I have a substantial specialization in this area of law.