Recorded Warranty Deed - Posted by ams

Real Estate Investing Real Estate Law
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Posted by John Merchant on March 12, 2003 at 21:22:12:

It’s a mistake for you to even talk to the lawyer; nothing to be gained by you, everything by him.

Just tell the lawyer that you’ve been instructed by your lawyer not to talk to him, and anything he wants to convey to you needs to be in writing…and I’d tell him this in writing so he can’t even wheedle out of you the fact that you don’t have a lawyer yet.

And also tell him in your letter to him that you’re further instructed to give him nothing, either information or documents.

Oh, and it’s my practice, anytime I’m communicating with the enemy, or potential enemy, to head my letters with this statement: “This letter is for purposes of negotiation only, and is not to be admissible into evidence for any purpose whatever and is an admission of nothing”…and I put this in bold, a size or two bigger than the letter font.

Generally speaking, settlement offers and negotiatilon between parties is NOT admissible, in any court, anywhere, and all lawyers know this…and your lawyer would immediately be on his feet objecting should the other guy try to slip this into evidence in any trial.

By the way, you have of course already talked to YOUR lawyer…right? If not, do it now.

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Recorded Warranty Deed - Posted by ams

Posted by ams on March 12, 2003 at 19:04:12:

I acquired the deed on a high-end home, and later discovered that the owner also signed another contract with an unscrupulous investor. At this point, I decided to get the deed recorded to avoid the house from being yanked out from under me.

Now the owner’s attorney is calling me asking for a copy of the recorded deed. Do I have any responsibility to send the attorney this information? Why would he want to see it? Isn’t it public information that they can get themselves? Is he just trying to verify that I’ve recorded it properly? And since it’s already recorded, is there a way I can “deed” the house back to them if things get ugly?

Any help would be appreciated.

Thank you.