I would like to know can I sue a private party lender for slander of title when two liens from 1987 were paid off in 1990, but filed in May 2013 a NOD on my home which secured the two liens. The subsequent 1st TD lenders never showed these two liens on any title reports or requested they be paid prior to funding. the property has been refi'd numerous times since 1990 and each time GMAC has never "found" these two liens as still unpaid. I feel all parties should be held accountable and be included in a lawsuit. If GMAC and their title companies had done their job/ due diligence and the private party lender had ever said I haven't been paid this could have been settled 20 plus years ago. I have spent most of my savings and won't get justice without legal assistance. More detail available.
Slander of title requires a false, unprivileged publication which proximately causes damages. I do not see those elements present in the question. The statute of limitations is another issue. Therefore, in my opinion the employment of any experienced attorney to pursue a slander of title action on any basis, contingency or otherwise, would probably be very difficult.
Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.
6 lawyers agree
Car / Auto Accident Lawyer
You do not have slander of title, technically what you have is a lien on your property. A cloud on any financial transaction. It is beyond me to comment how you have been refinanced so many times without anyone catching these liens. You are probably an expert by now, having exhausted all your money litigating this issue, so I will ask of you just one question> Did you ever sue the title company that insured your title? Let us know. Best of luck.
This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
Real Estate Attorney
You can use fin a lawyer feature on avvo to find attorney. Whether contingency depends on the attorney.
GMAC sued for what for lending you money and not seeing something which was not on the title report? Doubtful.
The private lender perhaps for forcing reconveyance of the paid off notes.
Consult with an attorney.
In addition to AVVO's disclaimer, please note that by this answer no attorney client relationship is intended mor entered into and unless there is a signed retainer agreement in place, neither me nor anyone in our office has intended to solicit clients nor reprints them. The answers are general in nature and without weighing specifics of particular query. No answer should be relied on in whole or in part, directly or otherwise to act or not to act in pursue of any of your potential claims in law or equity. You should consult with and obtain advise or representation of an attorney to protect your rights regarding your case or matter.