Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

1. three years ago, someone (Larry) filed a complaint

against Dennis. According to the...
1. three years ago, someone (Larry) filed a complaint against Dennis. According to the file document that address is*****
2. Since no one's name called Dennis at this address, no serve was done and finally Larry obtained a default judgment against Dennis about $9000. It is still active.
3. David has been living at 1234 Baltimore for more than 10 years. David has never changed his name . His DL, Passport, utility bills all showing his name is ***** ***** he has the same last name as Dennis.
4. Recently, David applied refinance with cash out through Bank A. The amount is $100K
5. Title company B holding $20K and only fave David $80K
6. Since Title Company B said there is active case against Dennis. David's address is the same as Dennis and both have the same last name.
6. Title company B asked David to prove Dennis is not him and never be involved any litigation. David can not prove negative thing.
7. There is no escrow agreement signed by both parties
8. There is no escrow account name, bank's name, how long the escrow will be hold. These are required by law.Question:
1. What David should do? Small Claim Court only take the case not larger than $12K. May David has to go the Court of Common Pleas?
2. Bank A told David that it is title company B's action
3. In my opinion, It is not David job to prove anything but the original Plaintiff's job to prove that David IS Dennis.
$. It is not title company's job to prove David is Dennis since neither tile company B nor Bank A were the any parties of the active case.Thanks
Show More
Show Less
Ask Your Own Legal Question
Answered in 33 minutes by:
1/22/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,195
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Legal Question

1. What David should do? Small Claim Court only take the case not larger than $12K. May David has to go the Court of Common Pleas?

If you want the full amount you would have too.You could sue for small claims max amount and eat the small loss here.

2. Bank A told David that it is title company B's action.

He would have to sue title company to claim the funds/damages here

3. In my opinion, It is not David job to prove anything but the original Plaintiff's job to prove that David IS Dennis.

The problem with judgments is they run against the land, if if there is a recorded judgment against the land, even if wrongfully in the wrong name , he would have to file suit to quiet legal title or sue for damages or both.
$. It is not title company's job to prove David is Dennis since neither tile company B nor Bank A were the any parties of the active case.

See the above.The lien here and cloud of title runs against the property if the person named in judgment was ever an owner. A suit to quiet title would wipe the lien off and give him clear title.He can seek damages here too including legal fees.This would likely be the best remedy here.

Certainly this is a complicated title and lien situation.It may well require a a lawyer and suit to quiet title and for damages as well.

Thanks again and thanks for rating 5 stars.

Ask Your Own Legal Question
Customer reply replied 29 days ago
1. There is no lien on the land or David property. Since the default judgment IS against Dennis, Nobody knows who is Dennis and where he is living. It is artificial and created fake person.
2. Therefore I plan to file the complaint against Bank. Since it is Banks loan is $20K shortage. Not title company. title company is just a service company.Am I right?

2. Therefore I plan to file the complaint against Bank. Since it is Banks loan is $20K shortage. Not title company. title company is just a service company.

Am I right?

In this case you are correct and you sue the bank here.You have the right idea.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,195
Experience: 30 years in civil, probate, real estate, elder law
Verified
Ray and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,195
45,195 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
WHAT IS THE TIME LIMITATION TO FILE IN SMALL CLAIMS COURT IN
WHAT IS THE TIME LIMITATION TO FILE IN SMALL CLAIMS COURT IN CT … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,455 satisfied customers
As a defendant in small claims court in Lyndhurst, Ohio can
As a defendant in small claims court in Lyndhurst, Ohio can I transfer the case to the Civil Division after the initial hearing, but before a decision has been rendered? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,239 satisfied customers
Trying to collect on a small claims judgement not sure what
Trying to collect on a small claims judgement not sure what my next step is have contacted the person several times. He has made two payments and stopped. Now when I contacted him he threatens me with… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,772 satisfied customers
I recorded the judgment that I received in small claims
I recorded the judgment that I received in small claims court. How do I go about requesting the hearing? Or am I just out of luck. The defendant has not responded at all.… read more
LegalGems
LegalGems
Juris Doctorate
11,009 satisfied customers
Both names on loans and titles of vehicles. Divorce decree
Both names on loans and titles of vehicles. Divorce decree states I got one car and loan, he got other. I can not afford car and wanted it repoed. Exhusband took car. Wants me to sign off on title but… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,119 satisfied customers
I'm not sure if this is civil or small claims. I loaned a
I'm not sure if this is civil or small claims. I loaned a friend $8,000 about 6 yrs ago. Since then he has paid me back only $1,120. I know statute of limilitations in small claims in AZ is 2 yrs but … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,239 satisfied customers
File small claims against a person that would not return a
file small claims against a person that would not return a loaned object, as agreed … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,558 satisfied customers
Looking to file in small claims court against a moving
Looking to file in small claims court against a moving company that overcharged me from their binding moving estimate of $700, to over $14,000 for an 8.4 mile move.. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,558 satisfied customers
I currently have a personal loan (title is held not
I currently have a personal loan (title is held not registered with state) that is "defaulted" I'm not really sure of the status as the loan originator passed away and the loan is with his estate. My … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,239 satisfied customers
I have a small claims file in mighigan that someone is
i have a small claims file in mighigan that someone is sueing me for 850 dollars over doing a plowmount on his truck he says I destroyed his mount and caused his radiator to leak I have witnesses sayi… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,558 satisfied customers
I WAS THE PLAINTIFF IN A SMALL CLAIMS ACTION.I agreed to
I WAS THE PLAINTIFF IN A SMALL CLAIMS ACTION.I agreed to have a arbitrator hear my case because it was faster . I was told the arbitrator was the same as a judge with the same authority. … read more
LegalGems
LegalGems
Juris Doctorate
11,009 satisfied customers
I took out a loan with a title loan company, I defaulted and
I took out a loan with a title loan company, I defaulted and they took my car. Legally what are my rights. Can I pay off the loan and get my car back. The loan was for $3,000 and the car is worth $30k… read more
Lori
Lori
Juris Doctor
583 satisfied customers
Is it better to file civil or small claims court if you are
Is it better to file civil or small claims court if you are partner with someone for a house and that person hasn't pay any money for upkeep in 7 years except one year of paying taxes and then skipped… read more
Lori
Lori
Juris Doctor
583 satisfied customers
I took out a loan and used my truck title as security, Last
I took out a loan and used my truck title as security, Last night my truck was totaled, am I still responsible for the loan? I cannot salvage the vehicle as it is not mine to sell. Is it their respons… read more
Bill Attorney
Bill Attorney
law
1,731 satisfied customers
Have a question about debt collection on car title loan. NC
Have a question about debt collection on car title loan … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,239 satisfied customers
My son is looking for a small claims attorney in the Omaha,
my son is looking for a small claims attorney in the Omaha, NE area. he had damage to his home, insurance paid to have it repaired but the roof continues to leak. he has made numerous attempts to cont… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I helped a friend make payments on her car. A title loan. I
I helped a friend make payments on her car. A title loan. I paid over 2500. and paid it off. She was to pay me back after getting a job. She also moved into my home, and helped around the house. Her c… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,913 satisfied customers
What is the maximum dollar limit for Colorado small claims.
What is the maximum dollar limit for Colorado small claims … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,239 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x