How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Richard Your Own Question

Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 46298
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
17027240
Type Your Real Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

can anybody get a default judgement on quiet claim deed in

Customer Question

can anybody get a default judgement on quiet claim deed in washington state?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. In order to sue someone where a quit claim deed is involved, the cause of action would have to arise from a separate contract where the seller warranted and represented that seller had title to the property. A default suit on the quit claim deed itself would not be possible because a quit claim deed simply transfers whatever interest the grantor happens to own in the property. If the grantor does not own the property, nothing would be transferred by the deed. For example, I could give a quit claim deed to someone for the Brooklyn Bridge, and the grantee would not be able to sue me for a default under the deed itself because the deed only transfers whatever interest in the Brooklyn Bridge I own...which is nothing.




Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.

im being sued and they filed a motion for a default judgement on me for not responding in the time frame allowed by the court.i did respond but it was not in the exact form the court wanted.The judgement has not been granted.how can i fight this and go to trial to be heard?What can ido or is there nothing i can do?

Expert:  Richard replied 1 year ago.
Thanks for following up. You will want to appeal the court's ruling of rejecting your form of default so that you can get a ruling on the merits of the case rather than simply a default judgment in plaintiff's favor due to your failure of your response. I would recommend you either engage a lawyer or go to your nearest law school to get help formulating your appeal to insure that it gets submitted properly.
Customer: replied 1 year ago.

but they havent ruled on it yet,,,also,,if i was served a summons and complaint and went to file my answer but the plantiff hadnt filed the complaint in the clerks office,how was i supposed to file a answer to the complaint with no cause number or when does the time frame start?is it from then date of summons or the date of filing?

Expert:  Richard replied 1 year ago.
I'm a little confused. If the plaintiff did not file the complaint, I'm not sure how you can be served with a summons for a complaint that wasn't filed. You have so many days from the date you are served; otherwise, someone could file a complaint and then wait until the time period had expired before serving you.
Customer: replied 1 year ago.

they just served me without filing,,they served me on march 28th,i sent a letter wanting them to file complaint on april 16th within the twenty day rule,they filed complaint on april 22nd and i filed the letter again on april 29th,then they filed a motion for default on april 30th,,,i dont understand how they can file a default motion if i responded in time,can they do this and get it granted?

Expert:  Richard replied 1 year ago.
Thanks for the clarification. No, they will not prevail in this. They've got their order of priorities all mixed up. Once the court understands what is happening here, they'll give you an opportunity to file your response timely and get a hearing on the merits. But, you want to get a lawyer to help you navigate this process for you with the court to make sure you make the proper motions yourself and that those motions are filed in the proper form.
Customer: replied 1 year ago.

would if i cant afford one then what do i do?i thin k this is what they are counting on

Expert:  Richard replied 1 year ago.
In that case, I would go to your nearest law school. Most of them have legal clinics that are run by law students and supervised by law professors that will take cases such as yours on a pro-bono basis to help the students, who are idealistic, energetic, and very bright, get experience while under the watchful tutelage of their law professors.
Customer: replied 1 year ago.

would i be doing a good thing by filing a order to dismiss based on lack evidence in complaint?All they have is her word against mine and i have stacks of receipts signed by her for buying her house,i would file a motion to dismiss in order to get it heard before default hearing so i can get a additional ten days to file a better response? would this be a good idea?

Expert:  Richard replied 1 year ago.
I would do both. They have no claim on a quit claim deed; they would have to have some other document upon which to base a claim. And, the burden is upon them to produce it.
Customer: replied 1 year ago.

so based on what ive told you,do you think the judge will grant them a default against me?

Expert:  Richard replied 1 year ago.
I do not based on the what you've told me. :)
Customer: replied 1 year ago.

so what exact steps should i file to stop this default motion?

Expert:  Richard replied 1 year ago.
As I mentioned above, you will file an answer to their motion for default judgment and you will file your own motion to have their complaint itself dismissed. You will want to go to your nearest law school to get help with the format of your motions.
Customer: replied 1 year ago.

when do i need to file?

Expert:  Richard replied 1 year ago.
You will want to file immediately. I would get started on this today!
Customer: replied 1 year ago.

plantiff aknowledged that i have appeared and i opposed the motion for default along with filing a motion to dismiss prior to the hearing,have i cured the default under washington law?

Expert:  Richard replied 1 year ago.
I'm not able to tell you whether the proper filings have been made; you will need to ask the court clerk. The plaintiff's acknowledgment is not sufficient though it will be helpful if the plaintiff later contests with the court; but, the court clerk needs to let you know you have made the proper filings in order for you to be certain.
Customer: replied 1 year ago.

prior to the 20 days filing,i called and hand delivered a letter denying the allogations in the complaint and demaned the complaint be filed does that response count as my answer and how would i cure the default

Expert:  Richard replied 1 year ago.
I'm sorry, but I can't answer that for you...the clerk of the court will have to address that for you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.