Singh v. Johaul CA1/5
Paramvir Singh (Singh) and Daljeet Singh Johaul (Johaul) agreed that Singh would take out a mortgage and purchase a home in Singh’s name with the understanding that the Johaul family would provide the down payment, make all insurance, property tax, utility and maintenance payments for one year, and then purchase the property from Singh or assume the mortgage. Singh claimed that the Johauls reneged on the agreement and failed to timely perform their obligations. Singh sued to quiet title and to recover damages. The Johauls claimed that Singh sought to delay sale of the property to allow Singh to benefit from a first-time homebuyer’s tax credit and mortgage and property tax deductions. The trial court credited the Johauls’ version of the facts and declared a resulting trust in the Johauls’ favor.
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