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RONB-ESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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Lucy,Mary was an illegal alien and has 50K to buy a

Customer Question

Hello Lucy,Mary was an illegal alien and has 50K to buy a house. Mary asks Ron to serve as a straw. Mary puts the downpayment of a house, Ron carries the mortgage and title by himself. ***** *****ves there and pays the household expenses. Eight years go by. They fight. Mary now has a green card, freaks out, and hires a lawyer who sues Ron for Constructive Trust/Resulting trust. --Mary loses the short notice Prel. inj, but wins the lis pendens.
Ron does not want to be in the deed BC he wants to buy his own home to live in. He received an offer to buy the house AS IS (with the LisPen) Can he file a motion to sell the property?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  RONB-ESQ replied 6 months ago.
Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms. I notice your question is for Lucy, but apparently she is unavailable. I will provide you an answer. In the event you want your question to go back to wait for Lucy please tell me and I will opt out and leave it waiting for her.
Expert:  RONB-ESQ replied 6 months ago.
If I correctly understand the facts there is a lis pendens filed in the Clerks office where they record deeds showing that there is litigation pending against the property. You have found a buyer that is willing to buy the property subject to the Lis Pendens. So long as you provide him notice of the Lis Pendens then there should be no problem. As a buyer he has a duty with the Lis Pendens filed to go and check into the ongoing litigation. He would buy the property subject to any eventual outcome resulting from pending litigation. With my previous employer we condemned property to obtain an easement to use a portion of the property for natural gas pipelines. It did not happen often, but on occasion the owner would sell the property subject to the pending litigation (eminent domain suit) and then the buyer was subject to the outcome of the litigation and received any compensation we paid. Generally a Lis Pendens is simply a document filed with the deed records that alerts everyone to the fact that litigation is pending against the subject property. I am unsure why you would need to file a motion with the court as you should be able to sell the property unless the Court has issued an order preventing you from selling. You may want to provide me some more information so I can better answer your question as I said you generally have no obligation to move the court (file motion) for approval to sale unless the Court has issued some restraining order or otherwise issued an order preventing you from selling. If you have any questions or concerns about my response, please reply and let me know. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I receive credit for the time I spent answering your question, additionally a bonus is not required but always greatly appreciated. If for some reason you don’t feel you can provide me positive feedback please reply and give me the opportunity to clarify my answer before giving me negative feedback.Regards, Ron
Customer: replied 6 months ago.
Hi Ronb,Ron wants to force Mary to hold the mortgage and he wants to continue to live there. There must be a way out. May I call you over the phone to better explain? Tell me best time. Thanks.
Expert:  RONB-ESQ replied 6 months ago.
I just happened to see your response. I would be happy to do a phone call the web site charges an additional $59 for a call. If you prefer I can just continue here it is up to you. I should be online tomorrow after about 2:00 PM CST until about 10:00 PM. Most days I am online 1:00 PM until 10:00 PM. Let me know if you want a call and we can maybe do one tomorrow if that works for you. Regards,Ron