Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
He has sent copies of debts, taxes, etc. and supposedly explained the need to sell to pay over a million dollars to clear the businesses debts. The business was inherited (80%) by my step son if he complied with certain stipulations. Given a yr., and he didn't, so I took over. He stole over a $100,ooo from the business; when I took over to save it, his lawyer put a Lis Pendons on it.
Yes, there is enough money to pay lawyer, and the Lis Pendons is legal. This is a small court; the opposing attorney is from that area. I went to trial there on one of the inheritance issues and won with a jury trial. One week later, the judge, Tracy Gilbert, overturned the jury decision.
The opposing attorney has since retired and moved to another state. My attorney is anything, but aggressive, but I have invested 2 yrs with him, and he is honest, and maybe too honest to deal with good old boy tactics
Funny you should use that phrase as I was thinking the same thing and hesitated to suggest this to you.Maybe some political assistance would be helpful. This site can only provide general information and unfortunately, we cannot represent you, that being said a phone call to lift the lis pendens is in order.
Are you friendly with your district commissioner?
what do you mean by "a phone call to lift the lis pendons is in order? by you?
Someone needs to ask the attorney to remove the lis pendens. Perhaps someone with political clout. Unfortunately, we are not permitted to personally represent customers of the site.
I,m afraid any cooperation from opposing attorney is nil. Many people have commented they have never run in to anyone as nasty, hateful and aggressive as he. I just made the mistake, I guess, of not finding a "like" attorney. Wish I knew of someone with political clout.
I have 2 weeks. Texas went back and dug up more taxes, grey areas, for more money for THEM. They came up with $45,000, from 2007-2010 that would have been paid then. We do not have that kind of money, and the State will not agree to a payment plan, so guess we will be forced to close and put 19 families on welfare. So much said for small business help in our country today.
There is a saying in the law "Equity abhors a forfeiture" The fact that everything could be paid out of the sale of the business and yet you are stuck in this situation is a forfeiture. There are motions that can be filed; however, it does not appear that your current attorney is the person to pursue the matter.
To remove a Lis Pendens the moving party needs to file a Motion to Expunge the Lis Pendens stating the grounds for removing the cloud on the title. Sec. 12.0071. MOTION TO EXPUNGE LIS PENDENS.
You may wish to contact the State Bar Association for the referral of an attorney that would be able to file the necessary paperwork to assist you with this matter. State Bar of Texas Attorney Referral
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).