I sold a home to a relative, and he defaulted the loan agreement we created. The loan contract didn't have a legal description so he couldn't be added to the deed, but he didn't tell me this. He filed a quiet title action under a different name. Can I get this dismissed and on what rule? Can I ask for attorney fees? Under what rule?
You can file a motion to dismiss based upon a lack of standing, and contractual privity. The party named in the suit must be the one seeking title and part of the contract. If you want to claim fee you need to hire a lawyer.
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There are a lot of potential issues at play here. I would recommend hiring a real estate litigation attorney. I tell prospective clients that I wouldn't do my own dental work. It is best to get counsel to help you with this case. I don't handle litigation, but you could find someone in your hometown via a search on AVVO.
This answer is merely for general informational purposes only and does not constitute an attorney/ client relationship. You are strongly advised to consult with an attorney licensed in your home jurisdiction to get detailed advice on your legal matter based on the laws of your home jurisdiction and case facts.
Your question raises a lot more questions. You say that you sold a home to a relative and have a loan agreement. A sale would require a deed, which he could record if it is in proper form. The loan normally would be secured by a deed of trust so that you could foreclose if he did not pay. So question 1 is whether a deed was prepared and recorded. Question 2 is whether you were given a deed of trust to secure the loan.
He now has filed a quiet title action under a different name. You do not say how different it is or why he might have done that. He could have formally changed his name before a judge, which you could look up. If he filed a lawsuit in a fictitious name, it may be possible to get the case dismissed, but at this point we do not have enough information.
A bigger question is what should be the result here? Should you be able to take the house back, or should he get to stay as long as he pays the loan? You really need to figure out what the legal result is first because fighting for something you will not get is a waste of time and money.
Wish I could give you more guidance, but I would need more information first.
This is legal information and not legal advice. The final answer to your question will depend on more facts than you can include in your question and some that you probably would not think to include. Treat this as a starting point, not the answer.
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