Legal Question in Criminal Law in Virginia

Is it extortion

Mom bought a home last year. Her ex gave her the funds to close & agreed to pay a portion of the monthly payments in order to help house my half sister, who was 18. Mom originally didn't want to do it because she could not afford the pymnts. He convinced her he would contribute. My sister contributes nothing. He has paid very little and claims to be filing for bankruptcy. There is no choice but to sell. Funds are very limited. While about to list it, a letter from her ex's atty came saying she would be sued if she didn't sign a Quit Claim to add my sister to the title and letter says she can't sell. My mom is sole owner. Ex claims they verb. agreed that money given to buy the home was on the condition that she add my sister to the title. My Mom is not sure if she agreed to this since this was 1st home she has bought and was very confused by the process. Never the less there, is no written agreemnt. The attys letter had a prepared Quit Claim which would add my sister to the title for 50%. The attny wrote that a Bill of Complaint will be filed on Monday if Mom doesn't do it. Is this extortion? Is it legal for an attny to write that letter? The Broker now has refused to list the house because of this issue. Mom has to sell now!


Asked on 5/20/05, 1:20 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Is it extortion

Your mom can sell the house now with clear title in her name without fear of any cloud upon the title unless, of course, she falls for the shenangnigans now being foisted upon her and foolishly signs the quitclaim deed. The shyster lawyer knows(or should know)very well that under the Virginia Statute of Frauds(See Va. Code Sec. 11.2) any agreement involving the sale of real property must be evidenced by a writing to be enforceable; alleged oral agreements will not suffice.

Any suit filed by the aforementioned shyster should be immediately thrown out of court.

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Answered on 5/21/05, 5:46 am


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