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unrecorded contract for deed ,They sold my property and kept my money

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danetyrose

Guest
What is the name of your state?Texas

Hi, I live in Tx and two years ago I purchased two acres from a very trusted friend. It was a portion of the 70 acres where they lived. The property was surveyed off and we drew a contract whereas I would make payments and when the purchase price was satisfied , She would give me title to the property at my request. I purchased the property as a security measure as my fiance had used me and taken advantag3e of me to the point I feared I would end up loosing my home and that would give me someplace to call mine. My friend and I had a verbal agreement that the property would be in my name only as she did not want my fiance to have any claim to it.
I paid her in full for the agreed price of $4000.00 total. as per our contractr but I never recorded the contract for deed nor did I get the titled transferred upon payment in full because of the possibility my fiance would file common law marriage and get ccess to the deed.
My friend was fully aware of my circumstances and assured me not to worry, they would give me title anytime I asked . I have my contract signed by her as paid in full.
About a year ago they came into financial difficultires and sold the piece of land adjoining the two acres I had purchased. I also was having problems and I asked her if she thought the man (her ex-brotherinlaw) would be interested in purchasing my two acres. She acted oddly and said she didn't want him to own that piece of land.
She is a little funny about things and so though I thought it was strange, I didn't get too concerned except I was upset with her that she wouldn't help me sell my land when she knew i needed the money.
Finally, I offerred to give her $1000.00 if she would sell my property to him for the amount I paid. A very generous offer, thinking that was the only way to get her to sell it for me.
I never gave a thought to her cheating me. It just was easier for her to sell it than for me to file for title and then try to find this man to try to sell it..
Anyway she continued to make excuses why she wouldn't sell it.
Then I heard throgh the grapevine that she had put the entire property up for sale. I tryed to phone her but her phone was off . I went to her home a couple of times and no one was home and her gate was locked . I asked around and as everyone said they seen them around and that they srtill lived there.
Then someone told me they were living there without any power or anything. Feeling very sorry for their predicament, I had decided to get a care package together for them with some food etc. But then I heard they had sold the property and bought them a motor home and were moving out of state. Luckily they had left their mobile phone number and I called them and asked had they sold my property. She told me she was working on the final details but hadn't closed the property yet.
I was very suspicious how they bought a motor home if they hadn't closed the deal and so I tracked down the brother-in- law who bought it and asked him. He informed me he had bought all the land and the deal was closed. But he specifically told me he had purchased my property a year earlier in a seperate deal. He knew it was mine but she had made him to believe she had given it to me and since she had a clear deed, He assumed she had a right to sell it. I contacted her and confronted her asking for my money and she insisted she hadn't been paid etc, Anyway it appears I just got royally ripped off. I know it is my fault to an exztent to have trusted them but I thought my contract was still binding.
What can I do to get my money or land back? Can their motor home be subject to a forced sale for the money she owes. She evidenbtly has spent all the money . Does the man who purchased the land have any liabilities given that he knew the land was mine although he did not know the particulars?
I do not know her mailing address to serve any court papers what is my alternatives?(I do have a physical directions to where they are temoporarily staying)
Are there any criminal charges that can be filed or is it strictly a civil matter? Also, I loaned them two garden tillers which they had taken the more expensive one with them and the other they claim is there on the property. Isn't it the same as theft to take my property and not return it? What are my options there?
Someone please help me . I have lots of questions and I have little money so I need to avoid hiring an attorney if at all possible.Thank you.
 


JETX

Senior Member
Long post... bottom line... you purchased land under contract and never got the land.

Okay, that is clear.

Since your 'damages' are less than the jurisdictional limit of TX small claims ($5000), go down to your local JP court and file a Small Claims suit against her for your $4000 you paid.
 
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iplezum

Guest
THIEF

The cost of the land could be $100. The value isn't the point.

You trusted a friend and they cheated you. To make matters worse she wasn't honest with you about what she'd done.

It amazes me when time after time a so called friend choses money over the friendship. She's nothing more than a liar and a thief. Take her to court and I hope the judge throws the book at her.
 

JETX

Senior Member
HomeGuru said:
Halket, what kind of property is it if it is only worth $1000/acre?
Remember, Texas is a HUGE state and there is land available for less than $1k per acre. We are likely NOT talking about land in downtown Houston.

Here is an example:
-------------------------------------
TEXAS BAYFRONT RANCH
CALHOUN COUNTY - BAY FRONTAGE - HIGHWAY FRONTAGE
Unlimited development or resale potential!
A total of 9628 acres available in 3 parcels. Includes 22.4 miles of Creek and Bay front. 2.4 miles on Hwy 35, 5.8 miles on FM 2134, 22 miles of waterfront and 8 miles of paved road front. This ranch has unlimited development or resale potential, but would make an excellent hunting, fishing, and recreational ranch-owned investment. It is approximately 28 miles to Victoria and approxametly equal distance to Houston, Austin, San Antonio and Corpus Christi. Excellent cattle ranch, fishing and hunting for deer, quail, hogs, etc.

* Parcel 1 North of Hwy 35 is approximately 206 acres. 2800 ft. Huisache Creek, 6000 ft . Hwy. 35
$2,500/Ac.
* Parcel 2 South of Hwy 35 and North of FM 2143. Approximately 1040 acres. 5000 ft. Keller Creek, 15,000 ft. of FM2134 and 6300 ft. of Hwy. 35.
$1,350/Ac.
* Parcel 3 South of FM 2143 and bounded by Cox Bay, Keller Bay and Lavaca Bay. Approximately 8400 Acres.
$1,150 per acre.
-----------------------------------
 

HomeGuru

Senior Member
Re: THIEF

iplezum said:
The cost of the land could be $100. The value isn't the point.

**A: iplezum, please read very carefully each post and who the writer is of each post and who the writer is writing to before responding.
I wrote the post to Halket inquiring about the cost of the land to see if I may want to invest in some property in Texas. I am not the writer of the thread nor was I directing my post to the thread writer.
So the land value is exactly my point and the major and sole reason for my post to Halket.
 
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iplezum

Guest
To HomeGuru

You are absolutely correct. I'm new to forumns and I guess it shows. I did indeed misintepret your post. Please except my apoligy. :eek:
 

HomeGuru

Senior Member
iplezum said:
To HomeGuru

You are absolutely correct. I'm new to forumns and I guess it shows. I did indeed misintepret your post. Please except my apoligy. :eek:

**A: I will not accept you apoligy but I will accept your apology.
 
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iplezum

Guest
HomeGuru

Thats twice you've caught me! I better shape up & quick. I can no longer decipher if it's my typing or spelling that trips me up. I've gotten lax and rely on WORDS spell checker to correct both. It's apparent I'm lost without a good checker. :D
 

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