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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33781
Experience:  15 years real estate, Realtor. Landlord 26 years
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10 years ago ex fiancée moved out deed in both names 8 years

Customer Question

10 years ago ex fiancée moved out deed in both names 8 years ago court appointed temporary reciever to sell property. House was in forclosure all during the mortgage crisis. reciever is good friend if my former atty. ex fiancee instructed to arrange through him to make any visitation to house. my former atty advises to wait 10 years and sue for adverse possesion. I looked for a second opinion and was told that would not work being Im an owner. was advised abondonded property defense Mortgage note thrown out without prejudice but is beyond statute of limitations its been fraud mortgages and was about to begin getting title by sueing her and going to ask proof of transfer as its all by Miers. tonight I come home to this letter from former atty!!!! he nevers been here called notified inspected etc despite house being damaged severly by hiricane Sandy. Can he kick me out???
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you still on the deed with your ex?

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What does the letter from the attorney say?

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thanks

Barrister

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Customer: replied 4 months ago.
Customer: replied 4 months ago.
how can this guy surface 8 years later after never checking the property after huricane Irene and superstorm sandy
Expert:  Barrister replied 4 months ago.

Ok, I hate to say it, but if the house was ordered sold by a judge as part of a partition action, the legally the receiver would have the right and the power to sell the house as this would be a judicial order from a court.

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There is no statue of limitations on a judge's order and if it has taken 10 years, although that is an extremely long time, the order would still be legally binding.

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As for not checking on the house after that long, although that would appear to be negligent, it doesn't affect the validity of the order put in place by the judge.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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