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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 90233
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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IN REAL ESTATE LAW WHAT IS DEVERSEMENT

Resolved Question:

IN REAL ESTATE LAW WHAT IS DEVERSEMENT
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
What is going on with the property, is there some discharge coming from the property?
Customer: replied 1 year ago.

WENT THROUGH DIVORSE 8YRS AGO, WIFE BOUGHT MOBILE HOME AFTER DIVORCE SHE ABANDED HOME ON MY/FATHERS PROPERTY, SHE TOLD MORGAGE COMPANY THEY TALE TO ME ABOUT PAYMENT, THEY TOLD ME IF I MAKE PAYMENTS ONE YEAR THEY WOULD PUT HOME IN MY NAME .8YRS LATER STILL IN X'S NAME I ASKED THEY REFUSE THEY FILED FORECLOSURE. WAS TOLD DUE TO WAY IT WAS DONE I COULD FILE SOMETHING CALLES DEVERSMENT. THEY EVEN WENT AS FAR AS ADDRERTISE ON WEB WITH OUT MY OK PEOPLE JUST SHOW UP AND TRESSPASS ALL TIMES OF DAY, 6WEEKS AGO HOME WASBURGLISED WITH PARTS ENG, IN VEH, STOLED AND ONE REG,ADOG KILLED.

Expert:  Law Educator, Esq. replied 1 year ago.
Okay, deversement is a French term it means dumping or discharge onto property. Thus, if you have this mobile home that the mortgage company owns, but refuses to repossess and remove, they have dumped it on your property and as such you are going to now seek to take possession of the property for them failing to remove the property from your real estate/land.


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Expert:  Law Educator, Esq. replied 1 year ago.
Did you have any further information you required or any follow up questions for us? If not, please remember to click excellent service feedback as that is the only way we receive any credit for spending time working with customers.
Customer: replied 1 year ago.

PAULMJD, REFER TO THE LAST POST I SENT TO U,WITH MORE INFO TO HELP POSSIBLE WITH ANSWERING MY QUESTION.

Expert:  Law Educator, Esq. replied 1 year ago.
I apologize, I did not get any reply other than the one above. If you would like some more information that I did not cover, PLEASE respond and specify what more information you would like and I would be glad to continue working with you.
Customer: replied 1 year ago.

LOOKING FOE A LEGAL WAY TO HOLD MORGAGE COMPANNY RESPONSIBLE FOR STRING ME ALONG WITH PROMISE OF TRANSFERING THE CONTRACTTO MY MANE TO ONLY AFTER WAITING 8YRS I FORSE THE ISSUE ONLY FOR THEM TO FORCLOSEON THE HOME WHEN I TOLD THEM NO MORE PAYMENT TILL CONTRACT IS IN MY NAME. HOME WAS FORECLOSE ON AND I MOVED OUT IN JUN. ASK TO PLEASE MOVE HOME WITH NO RESPONNCE FROM THEM. AFTER SE3VERAL PEOPLE KEEPT TRANSPASSING ON OUR PROPERITY I FOUND OUT FROM SEPT TILL LATE JAN THE COMPANY HAD BEEN ADVERTISING HOME ON THE INTERNET WITH ADDRESS, WITH OUT CONNECTING ME, TO GET PERRMISSION TO SHOW HOME AND TO COME ONTO PROPERITY, LAND IS CLEARLY POSTED BUT THIS DID NOT STOP THEM. ON THE BUGLERY I LOST OOVER 700.00 PLUS A REG, DOG WAS KILLED. THEY EVEN OFFERED 2 WEEKS AGO TO PAY ME 1250.00 IF I WOULD SIGN FOR AGREEING TO RELEASE HOME. TODAY I CALLED TO SEE WHERE THR PAPER WORK WAS, WAS TOLD THEY CHANGED THER MIND THE MAN MOVING HOUSE WOULD GIVE ME A CHECK AFTER THEY HAD POS. OF HOME, WHEN I ASKED WHERE THE CONTRACT WAS I WAS TOLD DO IT THIS WAY OR THEY WILL FILE RITE AND USE LAW TO TAKE HOME AND PAY ME NOTHING. DOES THAT SOUND LEGAL OR RIGHT

Expert:  Law Educator, Esq. replied 1 year ago.
This is what the petition for Deversement and/or trespass on your land is seeking to do. You are seeking to get the title to the mobile home, free and clear, so you can then sell it and recover your losses from the bank. This would also extinguish the debt. Second, by adding in a trespassing action to the deversement action, you are able to seek damages from them trespassing on the land with not only their mobile home but by coming on the land with people to show the home. If you file the suit for deversement and trespassing now, as part of the suit you can also file a motion for injunction as well to seek to prevent them from coming onto the property any longer until the legal matter is completed.

You can seek all of your damages through the one suit and the deversement is only one part of the suit, you have the trespassing as well..
Customer: replied 1 year ago.

WITH ADDING THE TREPASSACTION TO THE PETITION FOR DEVERSEMENT UNDER THIS TYPE OF SUIT WHAT DAMAGED OR LOSSES WOULD BE ALLOWES AND TO WHAT MAX

Expert:  Law Educator, Esq. replied 1 year ago.
What you can sue for under this type of suit is the actual losses you can prove and the actual damages you can prove, this is known as "compensatory damages" and you cannot get "non-pecuniary damages" (emotional distress) as this is a property claim, so it is restricted to the actual damages in loss of use (which you would prove by showing the average rents in the area for property similar to where the mobile home is located).
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 90233
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
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