sammy99837
Member
What is the name of your state? Oklahoma. Can the defendants in a Quiet Title action sell the property while the case is on going? And if they do sell the property and lose the case what would be the plaintiffs course of action?
If the plaintiff knows that they are attempting to sell the property, the plaintiffs should ask the judge for an injunction prohibiting them from doing so. There is also a type of lien/certificate that can be placed on the property which would warn any prospective buyer that the property is under litigation. A local attorney is in the best position to help with that.What is the name of your state? Oklahoma. Can the defendants in a Quiet Title action sell the property while the case is on going? And if they do sell the property and lose the case what would be the plaintiffs course of action?
If the plaintiff knows that they are attempting to sell the property, the plaintiffs should ask the judge for an injunction prohibiting them from doing so. There is also a type of lien/certificate that can be placed on the property which would warn any prospective buyer that the property is under litigation. A local attorney is in the best position to help with that.
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If the attorney for the plaintiff seeking to quiet title to the property did not record a "Lis Pendens" at the time the lawsuit was commenced, he or she is guilty of gross and actionable misfeasance!The property was sold without the plaintiff having any knowledge of it being sold. The defendants knew that the case was on going.
I agree that plaintiff had other avenues available that could have been taken to avoid this situation entirely. Putting that point a side, what can be done now? I won the Quiet Title case on Adverse Possession. Bought my house and land 23 years ago thinking that the 2 lots in question went with it. They had been associated with my property for over 80 years.The plaintiff should have had lis pendens placed on the property. While this doesn't mean the property can't be sold, it does set potential buyers (and their lenders) on alert that there may be a cloud on the title due to the pending action.
Isn't civil court designed for ordinary citizens to make an argument for what they think is right without the extreme cost of a lawyer? The Status Conference was ordered by the Judge after I asked for it before the case was over. The Petition to Quiet Title had the exact location stated in the starting statement of facts. Also certified letters were sent to every known defendants in this case in every stage of the case. No one showed up at any stage except the lawyer for the County Commissioners who dropped out of the case at the Status Conference. After that I filed a Motion to Enter Default Judgment. Again Certified Letters were sent. The Judge ordered a hearing on the motion. Again no one showed up and I won that case.The answer is to head to a lawyer and do it right rather than playing one. You'd not be in this mess if you'd done things properly. You say you won the case. If so why didn't the deed get immediately recorded at the tax office. What is the status conference about if you won? Something still doesn't sound right here.
That's small claims court. You're in way over your head here.Isn't civil court designed for ordinary citizens to make an argument...
Being an attorney is about ALOT more than just that. That's a very narrow-minded view of what attorneys do.I realize that being a lawyer is really all about research...
That's small claims court. You're in way over your head here.