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Loren, Attorney
Category: Business Law
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Experience:  30 years experience representing clients .
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To LawGuy, What a relief to see that a lis pendens doesnt

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To LawGuy,
What a relief to see that a lis pendens doesn't have to be detailed in its content. Because you were so prompt and complete, I would like to tell you something more about my reason for the lis pendens:
1. I went through a foreclosure -- the usual kind where the Judge never asked for proof of claim. Then he granted an Order to Vacate. Now, I am filing a Counterclaim tomorrow to stop the Tuesday morning deadline to vacate.
2. The Judge never asked the Plaintiff (Fannie Mae) to produce the wet-ink signed note nor the mortgage. My Counterclaim says that if they have been separated and neither can be brought to the Court, then I have the right to ask for an Order for Stay of Execution of Summary Judgment and Order to Vacate.
3. If I file the Counterclaim with the Court, then record the lis pendens and hand-carry both to the Sheriff's office, can I be assured that the Sheriff won't come to my door on Tuesday morning?
4. Is there anything else I can do to prevent that?
5. The Counterclaim lists the Judge, the Clerk of the Court, Fannie Mae and their attorney, the Sheriff and the original mortgage holder (SunTrust Mortgage) as Defendants. On the lis pendens, should I list only the Judge by name in the "TO DEFENDANT" blank space, or all of them by name?
Bill Hargraves
Franklin, TN
Submitted: 6 years ago.
Category: Business Law
Expert:  Fran-mod replied 6 years ago.


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Expert:  Loren replied 6 years ago.
The sheriff is not out to the property that quickly after a foreclosure. If the borrower does not vacate, there has to be an eviction and order for possession. In the counterclaim, just name the parties in the original lawsuit as defendants. Same for the lis pendens.
Loren, Attorney
Category: Business Law
Satisfied Customers: 34042
Experience: 30 years experience representing clients .
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