Legal Question in Real Estate Law in Kentucky

Refusal to Sign Title Over

In 1997, I entered into an agreement to buy a lot for $5k. I actually wanted the lot as it bordered our property. The agreement was to pay $200 a month for 2 years, with a down payment of $200. Three months before the 2 years were up, the person I entered into the agreement with died. I found this out from his son who sent me a letter asking for copies of the payments and the original agreement. This was in 10/99. I sent copies of everything along with the final payment, and received a letter stating that, as executor of the estate, he would sign the title over to me in a couple of months, probably around 02/2000. In 05/2000, I tried to contact him with no luck. I was able to contact his mother. I told her everything and she told me that she would have her son call me. Well, she called me back and said that they could not sign the title over to me because a title search had not been performed. I finally did speak to the son and made arrangements for him to meet me outside of the courthouse in the county where the land is. He never showed up. I've had my attorney send him a letter telling him to sign the title over or we will take him to court. I have asked my attorney to go ahead and start the process. Now HE isn�t doing anything.


Asked on 4/15/02, 9:58 am

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Refusal to Sign Title Over

Since you already have counsel, you need to speak to him with respect to the case. You certainly have a right to go whomever you choose and feel comfortable with. Court actions are slow. Have you spoken with him as to the status of the matter? Do you owe him filing fees, etc.? If your sales contract is recorded in the County Clerk's office, you have little to worry about. If it is not filed, file your copy immediately. I am sure your attorney has advised you of this. I have been discharged from matters because my client and I could not agree. This is business.

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Answered on 4/15/02, 4:36 pm


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