losing our home????

[sdevereaux]

What is the name of your state? California
how is it possible for a seller, to hire an atty. and then pretend to never have sold the house? we were given verble permission to occupy our new home at signing of final docs. of course they don't remember. we bought from a private party with no realators and went straight to escrow instructions. we gave full asking price plus all closing cost except for termites. and that was like pulling teeth. all the way through escrow with a seller dragging their feet, maybe because they have a backup offer of 300k more(rumor has it). seller shows up at our door this morning with atty, neighbors, and finally police. with a lot of heated conversation the LAPD sides with them, they have an atty, somehow have aquired title from escrow dated today, and have told us to get out they have changed their mind. we signed on the 20th, were told we may occupy after signing, and then told today we are tresspassing and the deal is off. escrow is stopped, and funding will not process, we are given the grace of 5pm and told that if we are not out we will be arrested.
anyone, hello, help! (by 5pm today)
unsigned copies of docs, escrow instructions (mutual cancellation necessary),appraisels,repairs,moving, loss of the deal! 300k net profit to be made, or build and realize a 2.3 mil net, we will belly up if we loose this house.....funding is waiting for their cancelation to be removed and signatures

[PghREA]

What does your copy of all the documents that you and the seller signed say?

[sdevereaux]

standard california realestate jargin. both parties must agree on cancellation, or one party must satisfy the terms, or a judgement to determine the outcome of escrow. our immediate issue is of a verbal agreement and it is that of property occupation on or prior to the determination of close. and their continued non documented cancellation. our occupation of the property seems to be the immediate issue, especially when your trying to sell it to someone else (just my opinion, of course). with title in hand and ours just being of the "in escrow" type, they are able to demand property rights and an atty. at their side did not hurt their situation when PD influence was necessary. I am sure today will be much of the same, unless i have a legal bullet proof vest. I am scrambling today to try to find someone to jump on board ASAP.

[HomeGuru]

Originally Posted by sdevereaux

What is the name of your state? California
how is it possible for a seller, to hire an atty. and then pretend to never have sold the house? we were given verble permission to occupy our new home at signing of final docs. of course they don't remember. we bought from a private party with no realators and went straight to escrow instructions. we gave full asking price plus all closing cost except for termites. and that was like pulling teeth. all the way through escrow with a seller dragging their feet, maybe because they have a backup offer of 300k more(rumor has it). seller shows up at our door this morning with atty, neighbors, and finally police. with a lot of heated conversation the LAPD sides with them, they have an atty, somehow have aquired title from escrow dated today, and have told us to get out they have changed their mind. we signed on the 20th, were told we may occupy after signing, and then told today we are tresspassing and the deal is off. escrow is stopped, and funding will not process, we are given the grace of 5pm and told that if we are not out we will be arrested.
anyone, hello, help! (by 5pm today)
unsigned copies of docs, escrow instructions (mutual cancellation necessary),appraisels,repairs,moving, loss of the deal! 300k net profit to be made, or build and realize a 2.3 mil net, we will belly up if we loose this house.....funding is waiting for their cancelation to be removed and signatures

**A: you should have hired your own attorney. You still need one more than ever.

[sdevereaux]

anyone out there interested in a bigger piece of the pie on the back end? maybe even a couple of hollywood hills condos could work their way into the overall deal. just as long as i get the top unit!! got to be willing to rock that big beverly hills law firms world.
thanks!
818 456 7977 should anyone care to seriously take a look.
scott

[HomeGuru]

[quote=sdevereaux]anyone out there interested in a bigger piece of the pie on the back end? maybe even a couple of hollywood hills condos could work their way into the overall deal. just as long as i get the top unit!! got to be willing to rock that big beverly hills law firms world.
thanks!
818 456 7977 should anyone care to seriously take a look.
scott[/QUOTE

**A: please read at the bottom of the page.

[sdevereaux]

We will be back/CA :

so onto the next, sorry did not mean to upset the system (regarding solicitation). well, the news crews showed up. the police showed up, and everyone that wanted to be nosey in the neighborhood. the news turned out to be very much in our favor. the police officers refused to place anyone under arrest, i was however placed under a "citizens arrest" much to the dismay of the head officer, and an on the record statement of "I do not agree with this action, but i am obligated to follow the paper in hand". I still have some thought on that, as to weather or not they should have allowed anything other then a civil suit to pursue, and chase the seller away for the time being. i was charged with tresspassing, and refused to leave our home, only because we had been given permission to occupy the house originally at time of final docs. all the paper we had, shy of recordation ( due to their cancellation after the final docs ) did not allow for this circumstance.
somehow they were able to obtain current title, keep title from recording, refuse funding, cancel an agreement that clearly stated that both parties must agree on cancellations, and have us arrested for tresspassing. my opinion, escrow got paid. (just an opinion). the paperwork they had should have been tied up in escrow, what the hell happened. bottom line greed took over, they saw the oppourtunity to muscle in, and they took it. so F$%@ it!!!!
s,
ps: sorry if it sounds a bit bitter, and yes i have learned many lessons.

[HomeGuru]

thanks for writing**************.

[sdevereaux]

CA so how does one file a "litigation pending" or i believe it is "lis pendance" ?
sorry my latin, she's a not too good!!

thanks,
s

ps: sorry newport