Legal Question in Real Estate Law in California

Real Estate Fraud

We sold our home to avoid foreclosure

The buyer said they would quick deed the property back to us after a year of pay rent on time to restablish our credit.

We questioned why after the sell the $29,000 proceeds did not come to us, they said it was used to pay off a straw buyer.

We later found out the checks were in our names but they signed them and took the money.

They did not pay the mortgage and the home is now being sold on Nov 5th.

We are trying to get the money back from the escrow company.

Do we stand a chance? and how long do we have before we have to

vacate after the auction.


Asked on 10/28/07, 1:20 pm

2 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Real Estate Fraud

There are statutory requirements that may void a contract if they are not met when a house is sold in foreclosure. An action against the Seller may result in the recovery of all your costs and attorney fees as well as return of your property. We will have to review the contract and any documentation you might have. Please contact our office if you have any questions.

Read more
Answered on 10/28/07, 7:01 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Real Estate Fraud

Your question is written too vaguely to allow an attorney to figure out who did what to whom. While LawGuru rules do not permit you to use actual names, it would be very helpful in understanding your question if you would re-submit it with all parties identified by the perty's role or by a letter such as "X" and "Y."

Also, why would you be trying to get your money back from the escrow company? After a sale, the escrow company won't (usually) be holding any funds.

I would like to be able to assist you, but the facts given are so muddy I have little or no idea how many parties are involved or what each of them did or failed to do.

Is there a written agreement covering this transaction or series of transactions?

Read more
Answered on 10/28/07, 2:36 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California