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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3444
Experience:  25 years of experience in general practice, real estate law and estate law.
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My attorney has tried for months to get a Lis Pendons lifted

Resolved Question:

My attorney has tried for months to get a Lis Pendons lifted so that I can sell the business I am Executrix for to pay back taxes, impending debts, etc. I have about one month before it goes bankrupt, and the Montgomery County Courts, Conroe, Texas, seems to have ignored our plea.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 9 months ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.

What has he tried so far?
Customer: replied 9 months ago.

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.

Expert:  Attyadvisor replied 9 months ago.
If the lis pendens is removed would there be enough money to pay the lawyer? Is the lis pendens legitimate?
Customer: replied 9 months ago.

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.

Expert:  Attyadvisor replied 9 months ago.
Have you tried to approach the attorney on your own to see if he will work with you? Your attorney should have been able to come to some resolution.
Customer: replied 9 months ago.

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

Expert:  Attyadvisor replied 9 months ago.

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?

Customer: replied 9 months ago.

what do you mean by "a phone call to lift the lis pendons is in order? by you?

Expert:  Attyadvisor replied 9 months ago.

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.

Customer: replied 9 months ago.

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.

Expert:  Attyadvisor replied 9 months ago.
You have elected officials that may be willing to assist you.
Customer: replied 9 months ago.

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.

Expert:  Attyadvisor replied 9 months ago.

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.

http://www.easylawlookup.com/_easylookup.blp?data=PROPRT2&site=EASY&pgno=29
Read more: http://www.ehow.com/how_7722379_cancel-lis-pendens-texas.html#ixzz2i1UCEKw7


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

http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3444
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 5 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 9 months ago.
Let me know what happens. I will keep my fingers crossed.

Thank you for using JA!

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