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What is necessary to file a motion to set aside an agreement…

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What is necessary to file...
What is necessary to file a motion to set aside an agreement of forteiture of real estate as part of a criminal case? And must I have an attorney handle this.
Submitted: 8 years ago.Category: Legal
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6/29/2010
Lawyer: Michael J., Esq., Lawyer replied 8 years ago
Michael J., Esq.
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Satisfied Customers: 3,514
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Hello -

Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your legal problem today.

If the agreement has already been signed and entered, the person who agreed to it would have to prove some sort of fraud or duress occurred while signing, and therefore invalidating the agreement.

Good luck,

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
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Customer reply replied 8 years ago

I'm sorry, I did not actually give you enough information. I own the property in question, sold it last November under a Contract for Deed to the party in the criminal suit. My understanding is that a signed order agreement of forfeiture of their interest in the property was filed last friday within the criminal suit. I was never notified of any investigation, criminal activity (I live 5 hours away from the property itself) and evidently no one checked on the actual ownership prior to the filing.

 

Lawyer: Michael J., Esq., Lawyer replied 8 years ago

I'm confused. You said "I own the property" and also "sold it last November". Could you please clarify the current ownership and your actual question?

Michael
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Customer reply replied 8 years ago
I sold the property on a Contract for Deed in November and have held the paper so payments were made to me directly. Under the contract for deed my understanding is that the 2nd party had no interest to forteit until after the debt was paid. However due to the criminal suit and a plea bargain arrangement they were forced to sign an agreement of forteiture on their interest in the property. In looking on line for advise I saw that I would have to have the signed order set aside before I can reclaim my property. What I need to know is how I go about having the order set aside and is this something I can do on my own so far the lowest bid from local attorney is $2500.
Lawyer: Michael J., Esq., Lawyer replied 8 years ago

Thanks for the clarification.

In my opinion, you do not need to have the order set aside. All the order does is relinquish whatever right the defendant has in the property; it does not create rights. If you still technically own the property (by holding the deed in return for monthly payments, as contracted) the forfeiture does not jeopardize your interest, only whatever interest the criminal defendant held (which is none).

My opinion aside - to answer your question directly - this is not something you can do on your own. Because you were not a party to the forfeiture agreement, there is nothing you can do on your own to invalidate the agreement. You will have to retain an attorney to file the correct motions to clarify that the forfeiture agreement actually doesn't affect your interest in the property.

My advice would be to first called the district attorney associated with the case and explain your position. He may be able to work with you. If that doesn't work, you'll have to hire an attorney.

Good luck,

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
Michael J., Esq.
Category: Legal
Satisfied Customers: 3,514
Experience: Licensed attorney; represented hundreds of clients in my private practice.
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Customer reply replied 8 years ago

Thank you for your help, that is exactly what I needed to know.

 

 

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