Real Estate Law
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In reviewing your post, it appears that you had an oral agreement to purchase real property from the prior owner, and after making payments for two years, the seller is denying that you had a contract. Is that correct?
Yes, but she transfered the title. she signed the grant deed.
Was the grant deed recorded with the County Recorder's office?
Was the deed a "warranty deed" or a "quit claim" deed?
grant deed. I don't understand the difference bet warranty and grant deed.
A warranty deed is where the person giving you the deed "warrants" the property against all claims against the property, while a "quit claim" deed does not (the first one gives the buyer more protection).
It just says "grant deed"
If I understand the situation correctly, the seller is personally responsible for the mortgage, she no longer owns the property, but is now refusing to sign the mortgage papers to payoff the loan amount. While there is no easy way to "force her" to do this, if she does not sign the document in a timely manner, you could sue her for breach of contract. As part of the breach of contract damages, you could claim the amount due to the lost sale (or lost opportunity), as well as any other costs arising from her failure to pay (such as your ongoing obligation to pay the loan until it is sold).
even if there is no written contract except the grant deed?
The grant deed memorializes the contract. Here is the exact statute on the "statute of frauds" for sale of real property: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1619-1633 (see Section 1624, a memorandum of the transaction exists).
ok. Thank you very much for your answer.
You are welcome, I wish that I had an easier resolution to your situation, but I do hope that it resolves itself quickly.
Thank you again. bye.
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