Can someone legally sell a house if the title is not in their name?

Question

I was buying a house and the contract we signed said that it was free of all tax liens and we would get the title when we finished paying for it. However, I just found out that the title is not in their name and so I stopped paying and told them to show me proof of the title and I would pay again. Now she is trying to sue me for payments I haven't made and for taxes that were owed on the property before I moved in, but the title is not in her name and she does not even have proof that the house is even hers. Don't know what to do? Is there any way that I could get my money back since she was not owner of the property she was selling to me?

Also, the remainder I owe her is 6,000 but she said she was not going to get a clear title if i was not willing to pay the back taxes that she owes in the amount of 2,300 so if i don't pay that then there is no way that she is going to pay an attorney to find the owner and get the title.

Answer 1

Generally, you cannot, of course, pretend to sell property which you do not own.  Not only would that void the contract, but it is a crime.  Of course, it could simply be that the person who sold the house to the woman from whom you bought it failed to properly arrange the transfer of title.  This seems most likely (after all, how do you steal a house?).

But any which way you slice it, you definately need a lawyer.  A real estate attorney.  Land law is very detailed and very complicated.  It is like the neurosurgery of legal practice, and one of the few areas of law where archaic words like "witnesseth" are still used in abundance.  Even regular practicing attorneys do not venture into land law without a specialist in consultation.  As a matter of fact, even a regular attorney in your position would probably take no action before consulting with a lawyer who specialized in real estate.

Especially with such a large investment as a house, especially where there is already a suit pending, and especially in such a complex area of the law, you shouldn't proceed without solid legal advice.  You could be waiving rights you don't even know you have by doing, or failing to do, something quite technical.

Answer 2

What kind of deal is this?  

Didn't you do a title search and buy title insurance?  

No, if the place is not legally this person's property then he/she has defrauded you.  Contact the district attorney.

Answer 3

Get a Lawyer and call the cops...sounds like you have been SCAMMED