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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35390
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I am a defendant in a lawsuit that the plaintiff is

Customer Question

i am a defendant in a lawsuit that the plaintiff is requesting a partition sale of a property that i own 2/3 ..we have had several appearances I am pro per 9 filed my answer to the lawsuit in a timely fashion and have made all the appearances until the last appearance in may i missed appearance on may 11th subsequently my answer was stricken and on 6/2 the plaintiff filed request to default ..the default was filed 6/2 /16 i missed the appearance because my briefcase and wallet laptop all info was stolen and i just forgot the date to make the appearnce..i was sent a letter by the court about a hearing on 5/25 but i revived it on 5/26 ..what should i file to get my answer reinstated
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 6 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please. I have been a CA licensed attorney for more than 3 decades and I handle real estate law issues.

1. What possible legal defense do you claim to have which could prevent the court from ordering partition and demanding the sale of the property?

2. Is the property vacant land capable of being subdivided or is it a single family home?

Doug

Customer: replied 6 months ago.
iI have soley paid off the home paid all legal fees paid all property taxes etc over last thirty yrs ..the property has been vacant for over 7 yrs and is a single family dwelling ...i lived there with my family for over 13 yrs and have made every payment motrgage taxes improvements etc...my brother was given a third of the property in 2007 in an adverse possession case that i initiated to gain sole ownership i paid the lawyer etc and my brother was to sign over his interest being that he never lived ther or had anything to do with property he reneged on our verbal agreement and i have not seen him in 7 yrs,,in august i paid 16000 in back taxes and then was served with the partition lawsuit .. i responded and missed the appaearnce in may my error ..my answer was stricken and then the defendant filed for default it has been a week and ahalf since the alst court date and the default request was filed on 6/2...the action is really being initiated by a real estate group who i refused to sale too. they found my homeless brother and gave him some money he vested his interest to them (undisclosed amount) and the lawsuit commenced
Customer: replied 6 months ago.
i really just want to know the steps to have my answer reinstated and stave off the default
Expert:  LawTalk replied 6 months ago.

You say that my brother was given a third of the property in 2007 in an adverse possession case that i initiated to gain sole ownership. Does that mean that he is on the deed to the property as a partial owner of the property?

Customer: replied 6 months ago.
he is but in may 15 he vested his interest to a real estate group and then they filed for partition in august 15 ..i answered the lawsiut and have had appered pro per but i missed a court date and the court struck my anser may 25th struck my answer now they have filed for default i want to know what i should file to reinstate my answer and stave off the default..i had an atty who was supposed to take my case but he got the file told me to wait and he would take care of it he has not answered in a week
Expert:  LawTalk replied 6 months ago.

You must file a Request for Reconsideration in the court and hope that they grant you a re-hearing based on the reasons that you missed the court date.

But I have to tell you, so long as there is another person on the deed, they are legally entitled to petition for Partition and unfortunately, you really don't have a defense to the action.

If you want to win this battle you will need to file a Cross-Complaint for quiet title and try to get the present co-owner off the property.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

Expert:  LawTalk replied 6 months ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Doug

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