Breach of Contract.......

[scriptgurl]

--------------------------------------------------------------------------------

Hey everyone.

I need some advice from you experts here.

I have a situation. I have a land/home contract thru and individual that was drawn up by their lawyer. (Contract is dated around 1993 or 1994) contract was filed at local courthouse 1995.

I paid contract out in full to get out from under these people and bought a new home and refinanced through a bank. (300.00 for 180 months)

The original contract states- " upon payment of the purchase price in full and all taxes and insurance by the buyers, the sellers shall convey the real property to the buyers by general warranty deed and shall convey the doublewide mobile home by a proper bill of sale. The real property and mobile home shall be free of all leins and encumbrances."

heres the thing. when I tried to pay off the contract, the buyer had a judgement against himself for a Vehicle repossession. That had to be paid. So after we paid their judgment, they got about 1500.00 (they should have gotten about 25,000.00) Now here it is 1 year later and I still have not gotten the title to the doublewide. I have contacted them many times and finally now they are telling me they dont have one and that their is a lein on the home from a prior owner (they purchased the home from an auction-which went out of business years ago) and now they are telling me they cant get a title.

Problem is I was going to sell the home and was just waiting for the title. I want it off the property. (I received a down payment from a buyer of 500.00- for the home and now I got to pay that back because I cannot sell it without a title)

I want to sue them for Breach of Contract... (and anything else I can think of from these crooks)

I need a lawyer and advice on what exatcly I can sue them for....

Thanks for all your input!

Scriptgurl

I need your input on the following letter.:

NOTICE OF INTENT TO SUE

ME

PO BOX

Attention:

Estate of Sellers, Daughter c/o Sellers Properties, Son c/o Sellers Properties.

This letter is your notice of intent to sue for “Breach of Contract”. Due to this contract breach, I will accept restitution in the amount of $16,054.00 (sixteen thousand fifty-four dollars and no cents) for the Market Value of one 1983 Regal (Regent) 28x60 Mobile Home serial no. BM14727 A&B on contract agreement dated December 13 1994. (Market Value notated on License No. 23718 located in MY County.)

Contract dated December 13 1994 states:

Time is of the essence of this agreement …. Upon payment of the purchase

Price in full…., the Sellers shall convey the real property to the Buyers by

General warranty deed and shall convey the mobile home by a proper Bill

Of Sale. “The real property and mobile home shall be free and clear of all

Liens and encumbrances.”

Sellers received $25,000.00 on November 15 2005 for payment of contract in full.

[admin]

I'd talk to a lawyer. It sounds like a cut and dried case to me, but not in my realm of knowledge. If you are successful, you should be able to recover legal fees.

[divemedic]

You would think that. I wonder if they know this guy....

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=249929&page=3

[Recovering Attorney]

Don't take their word for it. Call a title company and have them run a judgment search against them. Also, have them run a UCC search. For judgments, I'd go back 20 years. For UCC, I'd go back 10.

Once you have that info, speak to a lawyer. As you probably know, mobile homes are personal property, so a jusgement in and of itself shouldn't stop them from giving you a bill of sale. But I'd try to find out the facts first.

[scriptgurl]

I have tried myself at the DMV for a title but they said without a title I would have to have a copy of a bill of sale for every owner that has had the home and a copy of complete tax receipts from the beginning when the home was sold to original owner.

Plus I would have to know the names of owners all the way down to the original purchaser..

[Recovering Attorney]

that is why you call a title company, not DMV. You want to know what judgments they may have against them, if any executions are outstanding, and if any UCC liens have been filed against the mobile home.

[scriptgurl]

I talked to a Real Estate lawyer... He said he sees these types of things all the time. He said that I could do one of 2 things...

Since I have already tried to get the title myself, and was unsuccessful that I could go to judge and demand a "Silent Title" but that would cost a few thousand dollars. --And I would need to go to the Seller and sue for court costs.

OR I could sue for Breach of Contract, since the Sellers cannot provide a title.

The lawyer suggested that I go to the DMV too.. But I told him I already did that. He said that basically a Mobile Home without a title is like a Car without a title.

[Jaryu]

--------------------------------------------------------------------------------

I have contacted them many times and finally now they are telling me they dont have one and that their is a lein on the home from a prior owner (they purchased the home from an auction-which went out of business years ago) and now they are telling me they cant get a title.

Scriptgurl

this looks like wilfully defrauded you since they knew the whole time that there was both a lien on the property and that they couldn't get it off.(in the case they found out later they should have told you right away of the problem)

like they said do a title search to locate(if possible or existing) who ever owns the title right now then sue the seller for breach of contract to pay for your silent title if you can't locate the lien holder. and if you do find the lien holder and pay the lien add that to your suit against then on the breach since it fully states that they had to deliver the title free and clear.

what do you guys think?

[scriptgurl]

I edited this original post and added a letter can you give some input

[SBD]

If you can tell me what state you are in, I can try to find the exact petition. The petition below is for Texas.

Plaintiff's Petition to Remove Cloud and Quiet Title

No. _________________

)

IN THE _______________

) COURT

[name of plaintiff] v. [name of ) OF ____________________

defendant] ) COUNTY, TEXAS

) ____________________

) JUDICIAL DISTRICT

)

PLAINTIFF'S ORIGINAL PETITION

TO THE HONORABLE COURT:

[Name], the plaintiff, petitions the court pursuant to the Declaratory Judgments Act, Chapter 37 of the Civil Practice and Remedies Code, for a declaration of the invalidity of a certain document and claim made by the defendant, [name], in order to quiet title to property in which the plaintiff has an interest, and for cause of action shows:

1. Selection of Discovery Level

The plaintiff [affirmatively pleads that _________________ (he or she or it) seeks only monetary relief aggregating $ 50,000 or less, excluding costs, prejudgment interest, and attorney's fees under Civil Procedure Rule 190.2 or pleads that discovery should be conducted in accordance with a discovery control plan under Civil Procedure Rule 190.3 or pleads that discovery should be conducted in accordance with a tailored discovery control plan under Civil Procedure Rule 190.4 ].

2. Parties and Service Instructions

The plaintiff is [a corporation or an individual or as the case may be], residing in _________________ County, Texas. The defendant is [an individual or specify type of entity], [residing or having a principal place of business] in _________________ County, Texas. Citation may be served on the defendant [if legal entity: by serving _________________ (name), its duly authorized agent for service,] at [street and city address], _________________ County, Texas.

3. Plaintiff's Interest in Property

The plaintiff is the owner of [if interest is less than fee simple, describe interest of plaintiff, e.g., the surface rights in] a certain tract of land located in [name of county] County, Texas, as more particularly described in a deed to the plaintiff dated [date of conveyance creating plaintiff's interest], recorded in Vol. _________________, page _________________, of the Deed Records of _________________ County, Texas, a copy of which is attached as Exhibit A and incorporated by reference.

4. Defendant's Claim as Cloud on Title

On [date defendant's claim commenced], the defendant [state conduct creating claim, e.g., accepted and caused to be recorded] a certain [describe instrument or other evidence of claim, e.g., Deed of Trust signed by _________________ (name) as grantor, purporting to create a lien for security purposes on (part of) the plaintiff's property as described in Paragraph 3, above]. A true copy of the [title of instrument evidencing cloud on title] is attached as Exhibit B and incorporated by reference.

5. Invalidity of Defendant's Claim

The [description of defendant's claim, e.g., deed of trust] under which the defendant asserts an interest that interferes with the plaintiff's title, although appearing valid on its face, is in fact invalid and of no force or effect. The plaintiff will show that [allege grounds to invalidate defendant's claim, e.g., the person who executed the document had no title or interest in the property described and had no authority, actual or apparent, to encumber the plaintiff's property].

6. Attorney's Fees

The plaintiff has retained the law firm whose name is subscribed to this petition to represent the plaintiff in this action and has agreed to pay the firm a reasonable fee for necessary services. An award of attorney's fees to the plaintiff would be equitable and just and authorized by Section 37.009 of the Civil Practice and Remedies Code.

7. Defendant's Slander of Plaintiff's Title

The defendant's assertion of the invalid claim, as set out in the preceding paragraphs of this petition, amounted to an utterance and publication of false words, disparaging the plaintiff's title to the property described on Exhibit A. At all material times, the defendant acted with malice, making the false claim deliberately and without any reasonable grounds for doing so.

8. Plaintiff's Damages

As a direct and proximate result of the defendant's malicious claim and interference with the plaintiff's rightful interest in the property made the subject of this litigation, the plaintiff was unable to complete a sale of that interest. On [date], a third party had made the plaintiff a definite offer to acquire the plaintiff's interest for a consideration worth $ _________________. However, the offer was withdrawn and the pending sale totally frustrated when the third party discovered the defendant's false assertions during a routine title examination. The plaintiff will show that the present fair market value of the [plaintiff's interest in] property is no more than $ _________________, even assuming that the court removes the cloud on the title cast by the defendant's wrongful and malicious claim.

WHEREFORE, the plaintiff requests that the defendant be cited to appear and answer and that, on final hearing, the plaintiff have judgment as follows:

1. Declaring that the [describe claim or document to be removed from title] is invalid [and unenforceable], ordering it removed from the title to the property made the subject of this litigation, and quieting title in the plaintiff.

2. Awarding the plaintiff judgment against the defendant for attorney's fees and costs of suit, together with such other and further relief to which the plaintiff may be justly entitled.

3. Awarding the plaintiff judgment against the defendant for a sum of money within the jurisdictional limits of the court, together with prejudgment and postjudgment interest as allowed by law.

Respectfully submitted,

[firm name, if any]

By: [signature]

[typed name]

[address]

[telephone number]

[fax number]

[state bar i.d. number]

Attorney for Plaintiff [name]

SBD

[scriptgurl]

I am in South Carolina