Bradenton, FL asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida

Q: Real estate law and fraud, contract made up and Supposidly got a loan on the equity on my home thru a LLC COMP

Name of the Title and deed without telling me and has dated it for

January 2022, which I didn’t even know them yet. Secondly, they did not pay me for the sale of house the full amount that they told the clerk of court thirdly was supposed to have an escrow account and they have yet to tell me where it is or what it is And now they are trying to sue me and evict me when I paid for 24 months of rent in advance which was in March 2022 and I have original contract and hardcopies of everything. Also, they have been in default since day one but are trying to get me Kicked out of my home , also contract states that under no circumstances will there be any court involvement from either party. They changed the name on the deed to an LLC been in my family since 1989.. in the middle of going back-and-forth through court as of now it has been dismissed and now they have re-filed again for eviction n they are tryin to sue me and not pay me what they owe me

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Based on the information you've provided, it seems there are several serious legal issues and potential fraud involved in your situation. Here are a few key points and recommendations:

1. Fraudulent deed transfer: If the title and deed to your home were transferred to an LLC without your knowledge or consent, and backdated to January 2022, this could constitute fraud. You should gather all relevant documents and evidence related to this.

2. Unpaid proceeds from the sale: If you did not receive the full amount owed to you from the sale of the house, as reported to the clerk of court, this is another serious issue that needs to be addressed.

3. Missing escrow account: An escrow account should have been set up to hold funds related to the transaction. The fact that you have not been informed about this account is concerning and should be investigated.

4. Breach of contract: If you have a contract stating that you paid 24 months of rent in advance (as of March 2022) and that there should be no court involvement from either party, the LLC's attempt to evict you and sue you is likely a breach of this contract.

5. Seek legal assistance: Given the complexity of your situation and the potential for fraud, it is crucial that you seek the advice of a qualified real estate attorney who can review your case, documents, and contracts in detail. They can help protect your rights and guide you through the legal process.

6. Document everything: Keep detailed records of all communications, documents, and evidence related to this situation. This will be important for supporting your case.

7. Respond to legal filings: If the LLC has filed for eviction and is attempting to sue you, you must respond to these legal filings promptly and with the guidance of your attorney.

Your situation appears to involve multiple serious legal issues, and it is essential that you take immediate action to protect your rights and interests. Seeking experienced legal counsel should be your top priority.

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