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Effectively what you have is a contract albeit an oral contract which needs to be rescinded. You will need to file an action for breach of contract along with a number of contract defenses to try to force the deed returned to you. You will need to contact a local attorney as there are a number of issues surrounding the transfer of property and the rules of contract law. The agreement was the property in exchange for dropping any legal action. You fulfilled your part, the victim did not.
An attorney will be able to frame the issue in the best light for you to get a court to rescind the agreement and order the deed signed over to you.
so basically even though the house was originally in my fiances name and she did accept a plea deal and now has restitution to pay the court and even though we transferred it to him via grant deed he is not able to keep it as a default because he didn't get the out come he wanted which was her in jail right? I mean he should have to try to sue her for the home in court to try to maybe force restitution from her regarding the home but since the home was given to me in a promissory note for getting her out of jail for a 250k bond and hiring her an attorney. It was my house to barter with at the point when I was offering it to him so he would drop charges against my fiance. What kind of attorney should I be trying to look for to handle this for me?
The deal with the ADA was effectively a contract. You indicated the plea deal fell through which means the deed should have been restored to you. You apparently came up with another deal which did not include the home.
You should contact the ADA and ask him for the home back since the original plea bargain that included transfer of the home was rescinded. The victim should not have received the home. The ADA should have fixed this at the same time a new deal was initiated.
in addition, there is a contract defense known as "Unjust Enrichment" which may help you get the home back. There was no legitimate reason for the victim to keep the house.
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