Invalidating a deed of trust
The owner of the property, who grants the lien, is referred to as the What would you recommend? I own it and I have a friend that will lend me the money to improve.I want to give them a lien on the house until paid.You might be better off entirely by recording a new mortgage or loan against the property - almost it's entire value - on behalf of the friend/lender. Here you can can transfer the property to them by deed and a sale.That would make them have priority over anyone else or other creditors. Anyone suing you cannot record this on the property if there has been a sale to a third party.But proving that one was under duress is another problem entirely. law, there are a number of ways to prove that something occurred.Proving Duress In evaluating the status of a contract, of course, one cannot simply render it null and void by that it was signed under duress. One is eyewitness testimony, which would go a long way in showing that you were indeed under duress when signing a contract.Either way, to possibly beat the situation would be to establish a new deed with joint ownership or tenants in common - your name on the deed and the lender's name on the deed.If you transfer money or assets in circumvention of the judgment creditor trying to collect they may be able to set aside the transfer you made.
Many of us have grown up believing in the general infallibility of the written contract.
Furthermore, any written proof of harassment or threats about the contract would also constitute solid evidence of duress.
If you were assaulted over a contract dispute, it’s important to have photographic evidence of the injuries that were sustained as a result.
Sandvick worked as a civil litigator in California for over 7 years.
A living trust is an agreement between the person setting up the trust (the “settlor”) and the person appointed to manage his or her assets, the “trustee.” A living trust allows the settlor to add and remove assets and make changes or amendments to the trust at any time during his or her lifetime.
And while the written contract does indeed hold a tremendous degree of legal clout, it’s not always the end-all, be-all solution for every court case.