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I am in quite a pickle. My fiance had an issue with a past

employer and was accused of...
I am in quite a pickle. My fiance had an issue with a past employer and was accused of embezzlement. She was arrested and I bailed her out and paid for her attorney fees to start her defense. I was allowed by the detective to contact the victim and try to work out a civil arrangement. The victim and I worked out a deal where I was going to grant deed a rental property that was now mine due to the bail money and such that I had paid for my fiance. There was 55k owed on the home still so the deal was for the grant deed and the home to be paid off with in 24 months. Our attorney for the criminal case talked with the ADA and was told by him that if the grant deed was done and the proper court paper work detailing the deal was before him they would accept that. Everything was worked out and we all met for the next court date. We came with grant deed in hand recorded in the victims name and the civil agreement for monies owed on the house ready for the victim and ADA to sign. We got to court the victim told me he was ready to get this over with. We then entered the court room and the ADA called the victim over to him and the victim completely reneged on the deal he had previously agreed to. He told the ADA I dont want to do the deal I want her to be punished. He then left the court I was quickly notified by our attorney that he reneged and was wanting her to be punished. I quickly followed the victim to the hall way and asked him what was going on we had worked out a deal. He said "you know things change".
We then went to the next couple court dates and worked out a plea with the ADA and accepted certain charges and had court ordered restitution ordered for my fiance. This was all fine. But we have the ISSUE of the grant deed that needed to be switched now back into my name from the victims name. I met with him and he agreed to go to the local Doc Star office and sign it back over to me. He promised this 3 different times even having me call the doc star office while I was in his office so we could make a mutually available appointment time. I waited that day at the doc start office over a hour for him to not show up. Now he is harassing my tenant telling them they have to pay him now or get out. I need to know what is my best option at this point to make sure this cannot happen. Thank You
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Answered in 8 minutes by:
11/1/2013
Jack R.
Jack R., Attorney
Category: Estate Law
Satisfied Customers: 6,147
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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.

 

 

 

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Customer reply replied 4 years ago

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.

 

Jack R.
Jack R., Attorney
Category: Estate Law
Satisfied Customers: 6,147
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