Preventing a Sale - Posted by duarte

Real Estate Investing Real Estate Law
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Posted by John Merchant on February 08, 2006 at 22:39:11:

I should have added the LP will stop any title co. from clearing title to permit the new deed from having an insured title.

Could a deed be recorded if a LP has been filed? Yes

Would a LP stop a foreclosure? No

Its effect would be on title as it would show up as a big red light and no title officer would ignore it in trying to pass good title to somebody else.

Like a skunk in the house, it would be noticed right away.

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Preventing a Sale - Posted by duarte

Posted by duarte on February 08, 2006 at 07:51:06:

I have been living on 20 acres of family land. Over 15 years ago we set up our mobile home on this land. The land had remained in my grandparents name. My grandfather died and the land transfered to my grandmother. Shortly after my grandfather’s death my grandmother voluntarily gave power of attorney to Pat(daughter). Also shortly after his death, my grandmother had a stroke. Gayle(daughter) had been taking care of my grandmother full time. After about two years the land was oddly put into her name. There is a will in which this land was only suppose to be a living trust to Gayle. She was never suppose to be given ownership because when my grandparents where in there right mind they knew that she could not be trusted to have the land passed down to future generations.

I already know that I have a case for adverse possession and for challenging the deed. But my question is there a way to prevent or stop Gayle from selling the property while it is being challenged? In other words it would not be suprising if she gets wind of the deed being challenge, that she might try to sell it quicker. She is already talking about listing the property for sale.

So is there some kind of legal stay that can be placed on real estate pending resolution?.

Thanks

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Legal stay=Lis Pendens - Posted by John Merchant

Posted by John Merchant on February 08, 2006 at 10:30:33:

A lis pendens, which can be recorded in deed records will stop all else.

The LP can be recorded, legally, only after or simultaneously with the filing of a suit contesting the title…such as Suit to Quiet Title.

So it looks to me like the call to action is upon you.

Good luck