Legal Question in Real Estate Law in California
I Registered a Land last week from a person after verifying all the parent documents.Now one more person comes with a parent document and claiming it is his land.
The person from whom I bought has cheated us and sell this land.Am in a very bad situation to retrieve the money back from this person.
What type of legal action can be taken against this person and please explain the way to get the money back.
3 Answers from Attorneys
First check to be sure that the second person is an actual owner of the property and if there are any other owners or liens on the property. If you took out title insurance and they did not pick up the other titles they are negligent and must reimburse you. What exactly did you do to verify the title of the first person? The County Recorder's Office would have all filed and recorded documents as to the land. Does the person have no ownership interest in the property or just partial? Was any real estate agent involved?
He can be sued for fraud. You can not force him to pay you anything without a court judgment. Once you have sued, place a lis pendes [notice that the property is in dispute on filed on all of his properties]. Report him to the local DA.
There probably is not much hope of recovery unless others were also involved.
I agree with George check to make sure the other guy does have a clean title. If that is case hire an attorney and sue the seller for fraud.
Hope that helps and good luck.
I agree. You would also want to plead quiet title (or cloud on title)