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Purchase a house not for sale

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shawwb

Junior Member
What is the name of your state (only U.S. law)? California

I was recently served papers that I am being sued by a women I have never met or heard of. She says that back in 2006 her husband bought my house for a $95K down payment with the agreement that I would hold title in my name until he divorced her.

This doesn't make sense to me that a person can walk down the street and say they bought a house and the unknowing homeowner has to pay to defend themselves from people they have never heard of.

Does anyone have any advice on how to respond to this. I have spoken with the attorney of record and he refuses to release the suit on my word alone, he says he needs more proof that this did not really occur. Frankly, I want it closed right away. Do I need to hire an attorney to work on this for me and if so, can I then recover my legal fees from the women who filed this unsubstantiated suit??

Thanks.
 


What is the name of your state (only U.S. law)? California

I was recently served papers that I am being sued by a women I have never met or heard of. She says that back in 2006 her husband bought my house for a $95K down payment with the agreement that I would hold title in my name until he divorced her.

This doesn't make sense to me that a person can walk down the street and say they bought a house and the unknowing homeowner has to pay to defend themselves from people they have never heard of.

Does anyone have any advice on how to respond to this. I have spoken with the attorney of record and he refuses to release the suit on my word alone, he says he needs more proof that this did not really occur. Frankly, I want it closed right away. Do I need to hire an attorney to work on this for me and if so, can I then recover my legal fees from the women who filed this unsubstantiated suit??

Thanks.
You would be wise to hire an attorney since it's possible you could lose the case on a technicality. It's also possible that you could be awarded your attorney's fees. This usually happens when the judge decides that the case was filed in bad faith, which generally means the plaintiff had no legit reason to expect to win. I don't know the details of the case, but if the plaintiff has zero evidence that a sale took place, then you will probably be awarded attorney's fees if you ask.
 
May be

Frankly, I want it closed right away
By that you need to act now and find an Attorney to represent you in the (as you said) unsubstantiated claim. Possibly, you can recover Attorney's fees, but first you must ask for it as contained in your prayer, and after due consideration if the judge do found the same to be frivolous or malicious, you may be awarded with the same.
 

shawwb

Junior Member
Sell House

Zigner,

I did not sell a house in 2006. I bought my house in 2004 and have lived in it every sense!
 

nextwife

Senior Member
Did this alledged buyer obtain title insurance and proof of identity from the so called seller at the closing?
 

tranquility

Senior Member
What did the complaint say linking the sale to you?

Do you know or have you met the woman's ex?

Did you take in about that much about that time for any reason?

You've got to see an attorney. Either you have a truly frivilous lawsuit (or a suit against whoever lied to bring you into it), or you're being a bit too clever.
 

shawwb

Junior Member
Answers to Questions

What did the complaint say linking the sale to you? Absolutely nothing other than saying this guy paid me $95K

Do you know or have you met the woman's ex? NO

Did you take in about that much about that time for any reason? No, I refinanced my house then and combined a 1st and 2nd mortgage
You've got to see an attorney. Either you have a truly frivilous lawsuit (or a suit against whoever lied to bring you into it), or you're being a bit too clever.


Please see my answers above.
 

nextwife

Senior Member
What did the complaint say linking the sale to you?

Do you know or have you met the woman's ex?

Did you take in about that much about that time for any reason?

You've got to see an attorney. Either you have a truly frivilous lawsuit (or a suit against whoever lied to bring you into it), or you're being a bit too clever.
Also, if you were then co-owner, even if they are right, they could not have bought more than his undivided interest, if you did not join in on the sale. Your interest would have remained intact.
 

tranquility

Senior Member
What did the complaint say linking the sale to you? Absolutely nothing other than saying this guy paid me $95K
If I were to write a complaint on something like this I might have as some of the factual claims:
Plaintiff is informed and believes that on or about [date], [ex] withdrew $95,000 from the joint account (I would have described the account in an earlier claim and the plaintiff's rights to it.) and gave it to the defendant as a down payment on the property. (Also described earlier.)

Plaintiff is informed and believes that as part of the purchase contract between [ex] and defendant, the parties agreed to leave the property in the defendant's name with [ex] having equitable ownership.​
Something like that. What did yours say?
 

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