Q: Can I cancel my grant deed (cc3412) if lender did not abide by the escrow instruct and the Mil&Veterans Code 987.53(g)?
It was not my intention to convey title to the lender until the contractor completed construction and passed inspection. The lender recorded the grant deed under a fraudulent escrow number; not the lender's escrow number. The lender made a construction contract between the contractor and myself which progress payments are made to the contractor as construction was completed and passed inspection. The lender made escrow instructions that the lender was to make progress payments as construction was completed and passed inspection and escrow is not responsible for these payments. The manufactured house was delivered in total damaged condition. The lender paid escrow in full lump sum payment and escrow paid the contractor. Also at the time I granted title to the lender I did not have authority to grant title as my prior lender held Deed of Trust to the property. After the grant deed was recorded the prior lender conveyed title to me. The lender was granted possession under false pretense.
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A:
Based on the information you've provided, you may have grounds to challenge or potentially cancel the grant deed due to several significant issues.
The sequence of events you've described suggests potential fraud and breach of contract - specifically the lender's recording of the deed under an incorrect escrow number, making unauthorized payments contrary to agreed-upon progress-based terms, and most importantly, accepting a grant deed when you technically didn't have authority to grant it due to the existing deed of trust. The violation of Military and Veterans Code 987.53(g), which provides specific protections for veterans in construction contracts, adds another layer of legal complexity to your situation.
You should promptly file a legal action to contest the deed's validity, documenting all instances where the lender failed to follow escrow instructions and the agreed-upon payment structure. Consider seeking immediate legal representation from an attorney experienced in real estate law and veterans' affairs, as timing can be crucial in deed disputes. Your case involves multiple complex legal issues including potential fraud, breach of contract, and veterans' rights violations, which could strengthen your position in seeking to void the deed.
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