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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54714
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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In 2012, I put in escrow grandson 113,500 condo in Moreno

Customer Question

In 2012, I put in escrow for my grandson 113,500 for a condo in Moreno Valley, he agreed that once he got his credit good he would refi and give me the money back which I only asked for 80,000 back. He came to my house in 2014, and told me that he had escrow but the lender said he needed to remove my deed/lein in order to close his escrow with the new lender. He didn't tell me that he closed and got 95,000 and he spent itall. We then had a meeting when I found out he promised if he were to sale he would let me know. Today I found out he had a sale pending, my question is how do I put a lien on this property. I had 2 choices. 1) Lein on property 2) sue for fraud because he was getting money to pay me in 2014, 3) Sue him direct for 80,000 to get from his escrow? I AM 70 YEARS OLD AND I BELIEVE HIM WHAT DO I DO. ELDER ABUSE
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
What you want to do is file a suit against him for breach of contract and fraud. The fraud charge will entitle you not only to your actual damages, but punitive damages as well. And, because he has deliberately failed to pay you before and if the sale proceeds are likely to be spent or hidden without paying you, you want to ask the court to order his proceeds of sale be deposited into the registry of the court pending adjudication of your suit to avoid your grandson taking the funds and not paying you. In my experience, once you file the suit including the cause of action for fraud, he will agree voluntarily to instruct the title company that you are to be paid from the closing proceeds to avoid having a fraud judgment and the punitive damage award.
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