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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31009
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have defaulted on a Stipulation . The major

Customer Question

I have defaulted on a Stipulation for Settlement. The major terms were as follows:
1. I was to pay past due rent.
2. I was to vacate by June 30.
3. IF I was in default, the plaintiff's attorney could file, WITH NOTICE TO ME, an affidavit for judgement and possession.
I am in default of that stipulation. However I have all the money required now. Do I have any shot at filing for a stay on the writ and winning my apartment back?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'm a Real Estate litigation attorney. Thanks for requesting me.
Unless the agreement/stipulation calls for a right to cure the default, then once you have defaulted, there's likely no legal right to correct it. But....it is possible that you could reach a deal with the other party and get him to agree to hold off on executing on the stipulation. If you have the money, the plaintiff may be willing to do that.
Customer: replied 1 year ago.
No, he's not too agreeable. I think it's safe to say he wants me out more than he wants the money. Is there any grounds for me that the Plaintiff's attorney was supposed to give me notice if he was going to file on a default, and never provided me with any?
Expert:  Roger replied 1 year ago.
Unless the stipulation requires notice before entering the default, there should be none required.
Customer: replied 1 year ago.
The exact wording is:"In the event any of said terms identified herein are not timely completed by the Defendants, Plaintiff's attorney shall have the right, with notice to the defendants, to file an affidavit and obtain a final judgement for eviction ..."
Expert:  Roger replied 1 year ago.
Ok. In that case, you should be entitled to a notice that the affidavit was being filed for default. There may be no right to cure, but there would be a right to know it was coming.You can always file a motion to strike the entry of the judgment and claim that you weren't noticed. It likely could buy you some time......but the ultimate outcome would be the same.
Expert:  Roger replied 1 year ago.
Please let me know if you need anything further. Also, please take time to positively rate our conversation. Thanks again!

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