Posted by John Merchant on August 18, 2002 at 09:05:27:
Seller can be legally forced to either honor his agreement or pay you damages. A letter from your attorney right now might have some immediate effect in either forcing the seller to clear those liens and deliver on his written contract, or else offer you something to settle with you and make you go away.
Something I’ve done and seen done, with effectiveness, is to file a Notice of Equitable Interest, in Deed Recordss, where property is situated,just notifying the world that you now have a legal interest in the property. Don’t have to be any more specific than that.
Now, in some states, (CA for one) such a filing is not permitted, and their statutes have only short list of what can be recorded. A party wishing to cloud the title in CA has to be a little more creative in order to get some kind of notice filed in the deed records.
I recently did this, by filing a Quit Claim Deed from me to another entity I control, just giving and conveying my personal legal interest to my entity.
Oddly, the Recorder, for some reason unknown to me, had one of the clerks do a little research and learned that I was not previously on record. Clerk phoned me and wanted to know about what I was doing and why! I basically told them nothing as I had no obligation to explain my legal strategy to anybody.