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Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24160
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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I unknowingly bought real property with pending litigation.

Resolved Question:

I unknowingly bought real property with pending litigation. the suite has been amended to include me. The purchase was a foreclosure purchase as-is.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


What is the suit concerning (foreclosure, quiet title, adverse possession or what) that you have been added as an additional party?
Customer: replied 1 year ago.

The property sits on a 3-lot subdivision that has a shared driveway. The driveway is in the middle of the properties, our property. When we first looked at the house, we asked the neighbor on our left about the driveway. he happens to be the original owner of the property and improved the drive way by adding a culvert in the ditch that runs across the properties. the neighbors up the road sued him stating he changed the natural flow of the water and damaged their property. I don't know exactly when this suit was originally filed, but now that we are owners of the property with the driveway we are named in the suit.

Expert:  Law Pro replied 1 year ago.
OK, I understand the situation now.

He's, the one who made the "improvement" is the one responsible and liable - you have no knowledge of the matter and did nothing.

Have you filed any pleadings in the matter? Like an answer or cross-claim against the individual who change the culvert?

Counterclaims exist between the original Plaintiff and Defendant in a lawsuit. Sometimes a Plaintiff sues more than one Defendant (or a Defendant is added later like you), or a Defendant may have a claim against another Defendant in the suit. This is called a cross-claim. A cross-claim is not compulsory, but it must arise out of the matters on which the original lawsuit (or counterclaim in the original suit) is based.
Customer: replied 1 year ago.


I have 30 days to file. what should I file? and will I need an attorney to file?

Expert:  Law Pro replied 1 year ago.
You need to file a responsive pleading to their complaint that they filed.

What you need to do is file an "answer" to the plaintiff and "cross-claims" against the other defendant (the one who changed the water flow).

I would suggest you retain legal representation - because you didn't do anything and that the other defendant is liable for all the damages - this shouldn't cost you to much in legal fees.

However, here is a sample pleading that you can use as an example if you want to try representing yourself - you just need to change the language to your situation and facts:

Answer with Cross-claim Sample

XIAN LAO,
Plaintiff,

-versus- CIVIL CASE No. 12345

MATEO GO,
Defendant.
x---------------------------------------x

ANSWER WITH CROSS-CLAIM

COMES NOW, the defendant, through the undersigned counsel and unto this Honorable Court, most respectfully avers:
  1. That he ADMITS paragraph 2 of the complaint;
  2. That he DENIES paragraph 3 of the complaint, the truth being that it was the defendant JOLO TREVOR who applied for and exclusively benefited from the loan with the plaintiff, answering defendant acting as mere co-signer in the promissory note to accommodate defendant TREVOR and to guarantee the loan;
  3. That he lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 3, 4, and 5 of the complaint and therefore, specifically DENIES the same;

SPECIAL/AFFIRMATIVE DEFENSES

4. That without the knowledge and consent of answering defendant, the principal condition of the loan was changed and the term of payment thereof was unreasonably extended by the plaintiff, to the prejudice of answering defendant;

5. That there was undue delay on the part of the plaintiff in enforcing the payment of the obligation, and the loan could have been paid immediately at maturity had there been prompt and timely notification to answering defendant of the non-payment of the loan by defendant TREVOR;

CROSS-CLAIM AGAINST HIS CO-DEFENDANT

6. That defendant TREVOR should reimburse answering defendant on any and whatever amount the latter may be held answerable or which he may be ordered or suffered to pay under and by virtue of the present action in favor of the plaintiff, answering defendant not having benefited whatsoever from the loan which defendant TREVOR obtained from the plaintiff;

7. That defendant TREVOR should pay plaintiff directly and fully on the amounts claimed by the latter in its complain he having benefited directly and exclusively from the transaction alleged in the complaint;

WHEREFORE, premises considered, answering defendant respectfully XXXXX XXXXX the Honorable Court to render judgment as follows:
  1. By dismissing the complaint against answering defendant;
  2. By ordering defendant TREVOR to pay directly and fully to the plaintiff the amounts claimed by the latter in the complaint;
  3. By ordering defendant TREVOR to pay answering defendant for any and whatever amounts the latter may be held liable to or be ordered or suffered to pay plaintiff under and by virtue of the plaintiff’s claim in the present action.
Answering defendant prays such other relief and remedies as may be deemed just and equitable under the premises.





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Customer: replied 1 year ago.

thank you so much this gives me the direction I need to take and expectations of an attorney

Expert:  Law Pro replied 1 year ago.
You're welcome. Good luck!!



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!
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24160
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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