Down payment on condo

[mahamoudc]

In May, I put a down payment of $5000 on a condo by taking a bank check made to the seller to the seller attorney. I later decided not to buy the condo. Both my closing attorney and the seller attorney agree that the contract was terminated. I later get a call from my lawyer telling me to quickly go to the bank and stop payment on the check because the seller took the check from the attorney office an run away with it. I could not stop the check in time. Now my attorney advise me to sue and I have to pay $2000 which I don't have to go after her. I would like to know if I can put a lien against her house by myself first and go after both the seller attorney and the seller for my money.

 

[charlesesq]

In May, I put a down payment of $5000 on a condo by taking a bank check made to the seller to the seller attorney. I later decided not to buy the condo. Both my closing attorney and the seller attorney agree that the contract was terminated. I later get a call from my lawyer telling me to quickly go to the bank and stop payment on the check because the seller took the check from the attorney office an run away with it. I could not stop the check in time. Now my attorney advise me to sue and I have to pay $2000 which I don't have to go after her. I would like to know if I can put a lien against her house by myself first and go after both the seller attorney and the seller for my money.

For $5,000 it is best to sue in small claims and then put a lien on the property after you get a judgment. Could take a few months. You may want to report this to the police since technically the check was stolen. Forms for small claims court are located in the small claims court in the county you have to sue, if you go that route, which is likely in the county of condo.