Legal Question in Real Estate Law in California

Title problem

We are selling our modular home that we purchased on 1997. We recently found out that the title company handling our closing did not do the title transfer and didn't even attempt to start it until 2001. When they encountered a problem, they put it to the side again. Now we may not be able to close by the end of the month and the buyer has already given her notice and we have already found another place to live. Let's just say the stress is horrid! No one can give me a clear answer as to when the problem will be resolved or why this happened. Do I have a case against them?


Asked on 11/07/03, 12:26 pm

3 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: Title problem

Sure sounds like you have a claim to me. You will want to put all of your documents in front of a real estate attorney in your area.

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Answered on 11/07/03, 1:23 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Title problem

You likely have a claim based on your contractual arrangements. Litigation based on contract cannot include emotional/etc distress and damages appear minimal, unless you lose sale and ultimate sale for much less. Possibly best handled in small claims court if not more damage than $5,000.00.

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Answered on 11/07/03, 2:32 pm
Michael Olden Law Offices of Michael A. Olden

Re: Title problem

I always try to find a solution to the problem before you looking for a lawsuit. I do agree with you to the distress must be terrific at this point. My best advices get an attorney who understands a real estate law. While this is not specifically real estate since the mobile home is personal property title transfers are not difficult. They become more difficult if there is a delay in the transfer of title and problems arise because of the delay. Yes you have a claim against the title company. Any claim for emotional distress of course cannot be one based upon breach of contract is California law does not allow damages for emotional distress in the breach of contract cause of action. You would have to show negligence on their part witch, based upon your very brief analysis might not be that hard. I would be more than happy to discuss this with you as I have practiced law in the San Francisco Bay Area for over 30 years and have dealt with my share of motorhomes. If you wish to contact me eyelet 925 -- 945 -- 6000.

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Answered on 11/07/03, 2:45 pm


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