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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7415
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I filed a Memorandum of contract to protect my interest in

Customer Question

I filed a Memorandum of contract to protect my interest in a real estate deal, seller ended up quick claiming to someone else. Now they are selling it to an end buyer. My questions is will a closing agent call me to clear title problems?
The seller walked away from completing our transaction. Is this breach of contract?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.
Unless the owner of the property has signed your memorandum of contract, it generally will not protect an interest in real estate. The way to protect such interest is by filing a lawsuit for breach of the contract against the owner of the property seeking specific performance of the contract. There is a specific notice of the claim against real estate, called a " lis pendens notice" which is filed with the county recorder. That will create the title problem that you mentioned in your question that will get the attention of a closing agent for a title company. I hope that this information is useful, and that you will enter a positive rating for it now