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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37853
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My wife and I were promised a quit claim deed to a property

Customer Question

My wife and I were promised a quit claim deed to a property in New Mexico, we sold our mobile home and gave the grantor $5,000. The grantor has never given us the quitclaim deed. Do we have a civil matter, and does constitute extortion?
JA: What state is this in? And how old is the mobile home?
Customer: New Mexico, and it was a 1972 upgraded mobile home.
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: Legal
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Was there any written agreement for the sale of the property?

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Do you have proof of the payment of the money?

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What do you mean by "extortion"? Is he seller threatening to harm you or break the law if you don't give them money?

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thanks

Barrister

Customer: replied 8 months ago.
There is no written agreement for the sale. Everything was verbal where the grantor verbally agreed to issue a quit claim deed once we sold our mobile home in California and give the grantor $5,000 cash. I have contacted my credit union and they are in the process of sending me the signed and cashed cashier's check. The transaction has never been completed due to not receiving the quit claim deed.
Expert:  Barrister replied 8 months ago.

Ok, I am sure you already realize it is a bad idea to give someone cash without any written agreement, so I will skip that part.

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At this point, your recourse would be to file suit against the person in small claims court for a refund of the money you have paid under a breach of contract claim. The limit in NM is $10,000 and you don't need an attorney to represent you. The clerks will have the summons and complaint forms you need to file and can help with getting the sheriff to serve the defendant with the summons.

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Then you just come to court with your proof of payment and tell your story to the judge. They will hear both sides, and I am sure the other person will deny you gave them any money, and then the judge will decide whose story is more convincing..

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thanks

Barrister