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How can I resend a deed do to breach of contract and fraud?

Customer Question
How can I resend...

How can I resend a deed do to breach of contract and fraud ?

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

Nevada sorry about that

Lawyer's Assistant: Has any paperwork been filed?

Its complicated . We sold the property in two transaction the first one was cash and the second one we carried the paper. There were to be five yearly payments. After the third payment the defaulted. The way the agreement was written up as certain monies were paid parcels would be released. So when I foreclosed on them I only got back 10 of the parcels.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We had to file bank bankruptcy,

Submitted: 7 months ago.Category: Legal
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Answered in 5 minutes by:
10/26/2017
Lawyer: Lucy, Esq., Attorney replied 7 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,260
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Rescinding a deal completely would mean that you get back all the land, but you have to return all the money you were paid for each parcel. That's an extreme remedy reserved for cases involving fraud in the inducement. Essentially, you have to be able to establish that the other party deceived you to get you to enter the deal, and they never intended to honor their end of the bargain. That can't be proven only by their non-payment. There are lots of reasons a person might not pay that don't mean they committed fraud. Fraud must be proven by clear and convincing evidence, which is a higher standard than the usual civil standard of "by a preponderance." The only way to do this is to file a Complaint for Fraud and ask the judge to undo the deal.

You can, however, bring lawsuits for fraud and breach of contract at the same time. A breach of contract lawsuit will allow you to collect damages based on the other party's failure to perform. You can get a judgment for the money you're owed, and that can be used to put a lien on the property if it's not the other party's primary residence.

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

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Lawyer: Lucy, Esq., Attorney replied 6 months ago

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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