Lien on title???

[NeedAdvicePleez]

Hello. Pleez Help.

I live in New York State. I am currently being sued for interest in my condominium. The title is in my name but I have a co-signer on the mortgage. The mortgage co-signer is the party suing me. Does this mean there is automatically a lien placed on my title/mortgage when the lawsuit was filed or does there have to be an actual judgement issued by a court.

Am I still able to sell my apartment while being sued?

Pleez Help.

Thank you.

 

[HomeGuru]

Hello. Pleez Help.

I live in New York State. I am currently being sued for interest in my condominium. The title is in my name but I have a co-signer on the mortgage. The mortgage co-signer is the party suing me. Does this mean there is automatically a lien placed on my title/mortgage when the lawsuit was filed or does there have to be an actual judgement issued by a court.

Am I still able to sell my apartment while being sued?

Pleez Help.

Thank you.

**A: there will be a lis pendens or a notice of pendency listed on your title report as a result of the lawsuit. There is no automatic lien but the notice on the title report is a red flag. You can still sell the property if the amount to resolve the lawsuit is small. What Buyer wants to buy a property that is involved in a lawsuit.
Net proceeds of the sale could be used to settle the lawsuit or a bond could be used to protect the title company.

 

[NeedAdvicePleez]

Discovery??

Thanks for such a prompt response. Now we are in the discovery stage of the case. The Plaintiff has not provided any to date. He has assigned power of attorney to an unknown party. What should I do? Is there anyway to get a case like this thrown out because they have not provided discovery.

The reason for him assigning power of attorney to a third party is that he is a federal fugitive. In my opinion this is a bogus case. He was supposed to have filed a preliminary conference but did not do so because they could not come up with the $250 that is cost. Should I file for a preliminary conference? What would be the benefits to me? How can I have this case dismissed?

Thanks,

From NY State!

 

[HomeGuru]

Re: Discovery??

Thanks for such a prompt response. Now we are in the discovery stage of the case. The Plaintiff has not provided any to date. He has assigned power of attorney to an unknown party. What should I do? Is there anyway to get a case like this thrown out because they have not provided discovery.

The reason for him assigning power of attorney to a third party is that he is a federal fugitive. In my opinion this is a bogus case. He was supposed to have filed a preliminary conference but did not do so because they could not come up with the $250 that is cost. Should I file for a preliminary conference? What would be the benefits to me? How can I have this case dismissed?

Thanks,

From NY State!

**A: this is way over your head. Hire an attorney to help you.

 

[NeedAdvicePleez]

That really didn't help!

I have for $300 an hour....she is not helping.....wrong choice and I can't afford to retain another.