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Loren
Loren, Attorney
Category: Business Law
Satisfied Customers: 20121
Experience:  30 years experience representing clients .
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Hello LawGuy, Your help has given me the confidence I

Customer Question

Hello LawGuy,
Your help has given me the confidence I needed to proceed with filing my Counterclaim against not only the bank and Fannie Mae, but also filing against the Judge, the Clerk of the Court and the Sheriff -- all of whom have made serious errors. The Clerk failed to have delivered to me a copy of the Judge's Order to Vacate, and the Sheriff failed to legally advise me to vacate. His deputy just posted a flier-type notice to vacate by TOMORROW AT 9 am. i filed my Counterclaim and Lis pensens this afternoon.
One more question, while I have your attention -- what should I do tomorrow if the Sheriff shows up anyway to evict us? Other than producing copies of what I filed with the Sheriff's Office to show the Deputy, what else should I be prepared to do?
Bill Hargraves
Tennessee
Submitted: 3 years ago.
Category: Business Law
Expert:  Loren replied 3 years ago.
The sheriff has to have an order for possession to put you out. Have a place ready to go to if the sheriff does have an order and can legally evict you. Also, refer to local counsel to protect your rights in this matter before taking any action. Foreclosure litigation is complex and should not be done pro se.
Customer: replied 3 years ago.

LawGuy,

There is an Order for Possession signed by the Judge on 11/29 which was never sent to me. The Clerk of the Court found my copy in her file when I went to her to inquire re why the Judge had apparently never acted after our court hearing. There IS an Order; it was never sent to me. What position does that put me in, under these circumstances?

Expert:  Loren replied 3 years ago.
It means that you are going to be put out tomorrow and you do not have time to attack the eviction before the sheriff is showing up. You can still fight the foreclosure, but your most immediate problem is that you are going to need a place to live tomorrow.
Customer: replied 3 years ago.

LawGuy,

Doesn't the Notice of Lis Pendens which I filed at the Recorder's Office, then given to the Judge, the Clerk and the Sheriff stop the Sheriff from eviction?

Expert:  Loren replied 3 years ago.
Unfortunately, all a lis pendens does is give notice of a legal dispute regarding the property. It does not vacate the order of possession which has been previously entered. You need to go before the judge who entered the order on an emergency motion to stay the order of possession. You will probably not be able to accomplish that if the sheriff is coming tomorrow morning. That is why you need to prepare for the worst and make sure you have a p,ace to store your things and a place to stay.
Customer: replied 3 years ago.

LawGuy,

What does this Emergency Motion to Stay the Order of Possession look like? Do I have to provide a lot of detail, like in the Counterclaim or is it more like a Notice of Lis Pendens? I might still have time in the court this afternoon if I hurry.

Bill Hargraves

Expert:  Loren replied 3 years ago.
No, it is not as simple as a lis pendens. You would need to plead that the forcible eviction which generated the order was defective in substance or process (i.e. Never served). It would have to get before a judge today or first thing tomorrow. If the judge agrees, you would ask him to issue a stay to stop the order of possession. You could then take it to the sheriff and they would call off the eviction. You really should have local counsel.
Customer: replied 3 years ago.

LawGuy,

Your help is appreciated. I am trying to do this myself because we do not have any professional foreclosure defense attorneys available here. They are all playing the international bankers' game.

 

Last night, when we started this string, I authorized 60.00 payment for your good help. This afternoon, I had to authorize ANOTHER 60.00 although the literature says I have 24 hours of support from you at the initial price. Was this caused by something I did incorrectly when I sought you out today?

Bill Hargraves

Expert:  Loren replied 3 years ago.
I am not sure how the payments work when you sign up. I have a different screen interface than you (i think) if you contact customer service they can help you. I suspect it is because you started a new thread rather than continuing on last night's thread.

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