Real Estate Law
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yes. This was the deed he presented to the county clerk when a new warranty deed was issued with him as the sole owner. What should he do in reply to the contesting lawyer? My own opinion is that the burden of proof falls on the contesting party, and that my father has the right o peaceful enjoyment of the property.
Thank you. I will communicate that to my father.
My thought is that the demand from the contesting attorney should be replied to in the following fashion: If you need information it is available at the clerks office. Until you provide legal documentation of a question on ownership, I will do as I wish with my property. Until that time cease and desist contacting me. Would this be appropriate? What would stop the lawyer from harassing my 87 year old father and creating stress he does not need?? Do I need to punch him in the nose?
Thank you. The restraining order would be a figurative punch in the nose, embarrassing him professionally. I would not do the physical punch. I was just trying to express the extent of my disgust with the whole situation. If I am understanding the situation, the lawyer has no right to tell my father to not use his property until and unless a judge rules, and the judge will only rule on evidence, which they have failed to produce at this point. Yes or no will suffice.
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