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I previously asked you about an unjust enrichment case in…

I previously asked you about...
I previously asked you about an unjust enrichment case in Missouri over my husband putting a mobile home on his parents land 18 years ago then last year giving us an eviction notice and you helped immensely with some case law. Can't thank you enough for that info! We used it in court in April.My question is the case was done in April. Her attorney wanted to do a "brief". He submitted his brief then my attorney submitted "his suggestions." It's been 6 weeks and judge still hasn't made a decision. Yesterday her attorney asked us to settle for $1000. My attorney found that odd. We turned it down. We were able to prove $16,000 in land improvements so $1000 didn't seem remotely reasonable. My attorney didn't really have much to say/explain.In your experience do you have anything that could explain whats possibly be going on? I understand there are tons of scenarios but just the most likely would at least help. We are so tired of waiting and stressing.Thank you!
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Answered in 3 hours by:
6/1/2017
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 12,999
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Thank you for requesting me and I'm glad to hear the case law helped -we don't often get feedback so that is wonderful to hear!

The first step would be to call the court clerk-they will generally have an idea on how long the particular judge takes to review briefs. Normally 6 weeks is on the longer side but of course it depends on the judge's case load.

Normally a settlement offer won't be for a mere fraction of the asserted damages unless they are just fishing to see if the other side is desperate for resolution;

It is possible that the other party may request attorney fees based on a refusal to accept a settlement offer, but that typically requires the other party to prevail in order to get an attorney fee award based on that (or to have the judgment be rendered for less than the settlement offer)

But without reviewing the file I cannot imagine why the lowball offer unless they have something "up their sleeve" but presumably that would have been presented in the brief, the answer and during negotiations.

Your attorney can contact the other attorney for "settlement negotiations" and ask what their offer is based on (what admissions if any they are making; or what case law they are relying on to justify a low offer).

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Customer reply replied 11 months ago
We already went to trial and we are waiting on judge to just make his determination. My attorney was crazy impressed with the case law I gave to him and he thinks the judge is struggling with a decision because we proved all the elements of unjust enrichment and since the case law came from court of appeals judge doesn't want his ruling overturned. But found it odd to just randomly get a low ball offer like that after trial was over. My attorney said that's never happened to him before. We offered to settle before trial and she refused the offer then.We asked for reimbursement of septic system and tornado shelter along with 18 years of land and road maintenance ($16000). Obviously we won't get that amount but we turned the offer down in hopes the judge gives us more than $1000.It just worries us. Very stressful. We live in a tiny town in Missouri so 6 weeks just seems like a lifetime.We deeply appreciate your help. We have 4 little kiddos so being "evicted" off of land despite owning the home for 18 years and making payments on the house was quite a blow financially and emotionally.Your help provided us time, a very valuable commodity when trying to save your home and hopefully...some financial reimbursement to help us move our home.Can't thank you enough!!!

6 weeks is a long time when it deals with issues as important as this.

And they say litigation is as stressful as divorce, so it is not a pleasant thing to go through (although the win is uplifting!)

You are most welcome!

Thanks for all your kind words!

Take care

legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 12,999
Experience: Just Answer consultant at Self employed
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legalgems
legalgems
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