Legal Question in Real Estate Law in California

void a note and contract under duress..

i have been assaulted and battered into a contract. i was also extorted money ($5,000)from that same contract, due to the fear for me and my familys life. the same man also robbed me of my money ($10,000) a couple months back from that incident. he was my boss at the time of all this. he also contoinued to send extortion threats via text message, and extorted my other buddy for some property. he has a history of this kind of thing and i want to know what i can do. its a complicated situation and i would like some remedies? im looking to void the contract becasue my home is now in foreclosure due to the extorted loan, and being under duress. i also want to press charges for the assault/battery/extortion/robbery. and i want to sue for damages. does this sound about right? i have proof of the extortion, and assault and battery, the robbery is gonna be tricky but i have witnesses and checks for that. he also harrased me for about a year. isnt that obsessive harrasement and against the law due to the tort of outrage. intentional infliction of emotional distress. humiliation and embarrasement come into play here,,, i need help.. fast.. i have 30 day before home goes up for sale. i need to stop the foreclosure.


Asked on 7/21/08, 9:51 pm

3 Answers from Attorneys
Judith Deming Deming & Associates

Re: void a note and contract under duress..

I don't know why you haven't filed a criminal complaint if what you are saying is true...Go to the police department where this occurred and file. The fact that you have waited until a foreclosure was imminent makes your story less credible.

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Answered on 7/21/08, 10:36 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: void a note and contract under duress..

Answered this.

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Answered on 7/28/08, 10:10 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: void a note and contract under duress..

You have both civil and criminal issues. The way to get started on the criminal issues is to make out a police report and emphasize to the investigating officer that you want to press charges all the way to the gallows. The civil issues may go far beyond the usual scope of practice of real estate lawyers, and you may want to look for someone who is more of a general "litigator." Almost any practice of law involves some litigation, to be sure, but you have primarily non-real estate issues here.

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Answered on 7/22/08, 12:05 am


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