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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I am trying to get my cash-in-lieu deposit I paid to the

Customer Question

i am trying to get my cash-in-lieu deposit I paid to the court administrator pending the appeal., Now that the appeal was decided in the bank's favor, the bank wants the deposit. The appellate court did not grant damages to the bank, and the bank did not
ask the appellate court for the deposit. Is it the appellate court that decides who gets the deposit pending the appeal?The bank stated that they were losing rent money each month i was in the house. The housing court called it a condition of the stay pending
the appeal. Two weeks ago the bank asked for the deposit and the housing court granted the request. But 2 weeks earlier, the Torrens court stated that the title stays in my name because the bank never paid me for my property as agreed in mediation 2 years
ago. I also have docs due at the end of the month in the Torrens court - Can I get the mediation terminated? The appellate court affirmed that it is a contract, but did not know that the bank breached the agreement after the appeal was filed. We never signed
the formal agreement, the bank breached the terms requiring payment 2 years ago. Now, the Torrens court wants to force payment to end the problem. The problem is that legal issues were misrepresented by the banks during mediation regarding the issue of subrogation,
and I later found from a real estate attorney, that I should get my full half of the property- 120,000 not 15,000 as stated in mediation notes. To avoid specific performance, I want to advance the argument that to enforce the agreement would be unconscionable,
and also that the terms stated I was to be paid by april 2014, and the due date to pay me is 2 years late. Instead of paying me, the banks evicted me and got the housing court to agree to charging me 2000 a month in rent.even tho they never got title in the
Torrens court. Now I am out 18,000. in effect, they will use my money to pay me 15,000 according to the mediation agreement notes. I am out my house I never had a loan or mtg on, and the mediation payment even if the court orders 15,000 paid because I already
paid them 18,000. My housing court review of the referee's decision to grant the deposit to the bank is on dec 17th, the Torrens doc is due Dec 30.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

It appears that you have a very procedurally complex matter, and I want to reemphasize both that we can only offer "general legal information" and that we can only answer general questions on this Q&A, it does not substitute for a formal case analysis of your matter - which appears to be in the very late stages of litigation/appeals.

  • A bond is placed on appeal as a way to "stay execution" of the lower court's ruling. So, if you placed a bond in order to avoid eviction during the pendency of your appeal, and you lose your appeal, the prevailing party is entitled to this money to compensate them for the time from the entry of the lower court's order to the date of the final ruling by the appellate court. Remember, the appellate bond issue is separate and distinct from any other matter or issue that you may have.
  • If you have entered into a settlement agreement during the course of mediation, you are not going to be able to renegotiate or "rescind" that mediated settlement. Settlement agreements are final, and you cannot use representations made by the other party during mediation as a basis to rescind such an agreement.
  • The bigger issue that I see is that you appear poised to have "disparate rulings" by the two court systems. You have an adverse decision by the housing court, being upheld on appeal, but you have a Torrens Court hearing that will be coming out at the end of December. This is much more problematic, and while I do not know what your resources are, I would highly recommend retaining civil litigation counsel immediately (you are already well into litigation, but this is your "last ditch" ability to try to salvage your case - trying to show that having two separate rulings on the title to the property issued by the courts would be inconsistent may permit you a mechanism to attack the appellate court decision - but this would have to be done in a further appellate brief (and likely require yet another deposit to stay eviction) - but please consider hiring counsel, this is very technical, and it will move extremely quickly if it is to be done right).

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