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Old 06-21-2008, 02:46 PM
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Join Date: Jun 2008
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Les Pendence Question


Miami, FL. I will try to make this as simple as possible. I have a contract ional agreement with the heir to the Estate of deceased person. Currently property when into foreclosure but was agreed to sell home immed before foreclosure is complete with Heir. Enough equity to pay mortgage company and have a lot left over. I paid and started Probate process for only surviving heir as well as gave small loan. Contract ional agreement was to sell house immed and split equity. In probate, title is currently open for clean sell and proceeds will go to escrow until probate is settled. Due to Heir having felony, heir's daughter is now executor of probate. Heir already admitted verbally that she want to breach agreement. It was recommended to pace a Les Pendence on property's foreclosure status and file a motion to intervene. Also serve both Heir and Executor in a motion. In addition, place a claim against Heir in Civil suit to try to recovers monies owed from agreement.

Question: With the home technically being in the Heir late mother's name, is this the correct route to go? Would this be enough to hang up anything if possible sale goes thru?


Thanks for any assistance.What is the name of your state?
  #2  
Old 06-22-2008, 11:11 AM
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Join Date: Feb 2007
Posts: 8,280
All a lis pendens will do is possibly block the sale to someone else while you pursue legal action.

You need a lawyer if you intend to pursue this, this is not a DIY situation.
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