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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My daughter tried to sell my condo in Vegas out from under

Customer Question

my daughter tried to sell my condo in Vegas out from under me after 10 yrs I bought it paid HOA taxescetc i just put it in her name years ago & I trusted her now she has turned on me & won because the judge required the orignal copy of agreement we made where she had no claim to the property or any equity which she had signed but she has &is hiding it I succeeded in stopping the sale &putting a lis pendens we lost when we went to court and she is now able to sell it Is there any kind of lien i can put on it for all the money i put out over the years I have a construction co i did some work there but she also borrowed $100k from me and hasnt paid it back i have the cashiers check I have to act FAST PLEASE HELP I paid $10k to attys gave them all the evidence thought we had a rock solid case but they never told me about the rule for any real estate contractual agreemt beeds original
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,
I am very sorry to learn of this situation. If you have already lost the trial court matter (and an appeal is not a viable option - you should have talked to your trial counsel (attorneys) about this), there is not another lien that is going to prevent your daughter from selling the property (it legally belongs to her and she can dispose of it as she wishes).

Be aware, that she can also go through the "unlawful detainer" (eviction) process and evict you from the property!

As far as the loan that you made to her, you can sue her for breach of contract. The statute of limitations for breach of oral contract (any unwritten contract) is 4 years from the date of breach. You can use the copy of the cashier's check as evidence in support of your claim. Depending on the specific facts, you may be able to try and get a "prejudgment lien" against the property or any proceeds from sale, but this is extraordinary relief and is not commonly granted. You will definitely want to work with your attorneys to discuss this possibility.