Garland, TX asked in Civil Litigation, Contracts and Real Estate Law for Texas

Q: I need a pronoun lawyer we paid 79,000 for land and found the lady trying to sell it again to someone else.what do I do?

My mother paid for a property and there are squatters that won't leave we can't get on the place.The lady we gave her life savings to spent all the money so we can't get our money back and now she trying to sell it to someone else she scammed us out of the money cause come to find out the property doesn't belong to her it's her brothers we have a signed contract and all saying we bought it and bank reviews for checks for 79,000. We can't afford a lawyer now and we need help before we lose the property cause we lost money already.can anyone help please

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: First, make sure that the deed to you when you bought the property was properly recorded. Usually, the title company who handled the closing does this correctly. Often, when people don’t use a title company, they fail to properly record the deed.

Second, hire a title company to perform a title search. If title insurance was included in the original transaction, a title company would have done this at the time. A current title search will show whether you are the owners of the property and whether there are any liens or encumbrances that you may need to pay off.

If you have record title to the property, proceed to step 3, then to step 4.

If you do not have record title to the property, you have likely been scammed and should sue the person who sold you the property. If she has record title, sue her for specific performance. If she does not have record title, sue her for breach of the warranty of title and possibly for fraud.

Third, file an eviction lawsuit against the squatters. You will need to file this suit in the justice of the peace precinct where the property is located.

Fourth, file a lawsuit to quiet title. An experienced real estate lawyer should be able to assist you.

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