They may actually have a case. I presume you got the deed from the owner under the premise of the short sale going through. Since it did not go through, you would have to give back the deed, so in theory, it’s theft.
That’s theory, at least. You might have had a civil claim against the seller, which was settled for $5k, but you essentially blackmailed her by refusing to give back the deed, which you were legally obligated to do.
I don’t know the all the facts here, but I do know one thing - hire a good lawyer, and in the future, make sure you seek counsel on these deals when they blow up.
I got the deed on a pre-foreclosure 3 years ago, spent 3 months negotiating a short sale, had it lined up for a $120k profit, and keep the seller in the property. The seller did exactly what I told her not to do. She told a realtor I was short selling the property.
Needless to say, that Realtor called the lender and told them he had a full price offer coming in (of course it never came) and it killed my short sale.
The owner insisted on the deed back and I told her she would have to pay me for my time since she ruined everything. She moaned about blackmail and we finally agreed on a $5000 payment to me to sign the deed back to her on the morning of the foreclosure sale. After she signed my release of liability.
3 years later, my state’s Attorney General’s Office (Hawaii) is taking me to court for “theft in the first degree”
Any insight would be massively appreciated. Thanks everyone.