Posted by pete on February 26, 2004 at 10:51:23:
Thanks for the info. Appreciate it.
clouding title - Posted by Pete
Posted by Pete on February 25, 2004 at 15:49:39:
A seller is trying to back out of a contract to sell his house to me.
Is there a proceedure or form or whatever that I can file with the recorder’s office to cloud the title when he tries to sell the house in the future?
Would I have to keep escrow open during this entire period?
Any help or info would be appreciated.
Thanks
Re: clouding title - Posted by John Merchant
Posted by John Merchant on February 26, 2004 at 01:13:58:
IF (big if, very important issue here)you do have a valid written P&S agreement on this property, you could probably record a memo of interest in that RE that would cloud the title sufficiently to force his action.
Now, if there’s any weakness in your position, you could be hurt by his suing you for Defamation of Title, and you might just lose if you do not have a totally unassailable right to buy his RE…but if you have a really great & total right to buy, and he’s got a total obligation to you, as per the contract, he’s going to be very reluctant to sue you, as he’ll know that would force you to counter-claim against him and HE could lose.
Be aware that such a recordation of a Memo of Interest is NOT legally recordable in CA, maybe some other states too…and in those states, you’ll probably be forced to sue him fairly quickly for Specific Performance to force his compliance with your contract.