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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17518
Experience:  B.A.; M.B.A.; J.D.
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I have an issue with an UD I filed. It was heard and ruling

Customer Question

I have an issue with an UD I filed. It was heard and ruling was in defendant's favor. It was for $10k or less, yet the commissioner determined that the tenant had a life estate! I have appealed the decision, and am now being sued by the tenant for the property. It's a mess. My question is this: can I file a motion to vacate based on grounds of lack of jurisdiction? The property is worth more than $10k.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 9 months ago.

Could you explain a little more?

Is this a Small Claims case?

Customer: replied 9 months ago.
Thanks for replying.No, it is an Unlawful Detainer case. I am the landlord. I tried to evict my tenant and he brought a forged document to court the day of the hearing that said that he had a life estate in the subject property. he is not on title, the property belongs to me. the commissioner ruled that he can stay for the rest of his life. he is also suing me for the house in civil unlimited, after he won the Unlawful Detainer case.
Customer: replied 9 months ago.
it seems to me like the commissioner overstepped their boundaries. this was filed in civil LIMITED. <$10k.i just need some help figuring out what to do. i have 3 attorneys that do not communicate well with each other and i just really need an outside opinion. i did file a cross complaint to his suit against me.i am hoping the motion to vacate will work.
Expert:  Phillips Esq. replied 9 months ago.

Thank you for the information.

Your Question:

My question is this: can I file a motion to vacate based on grounds of lack of jurisdiction? The property is worth more than $10k.

Response: Based on the information that you have provided, the answer to this question is no. The Court has jurisdiction to grant this type of relief in an unlawful detainer case.

I am sorry that I do not have better news for you.

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