Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

How can the default judgment that I won against X be vacated…

Customer Question
How can the default judgment...
How can the default judgment that I won against X be vacated by another party Y who was not the defaulting party?
Submitted: 6 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
1/2/2018
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 6 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,313
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 6 months ago

What is the basis that Y is saying that they can vacate it on behalf of X?

Ask Your Own Real Estate Law Question
Customer reply replied 6 months ago
Hi I won a default judgment against X in Harris County District Court, Houston TX. About 2 months later Y filed motion to vacate my default judgement. How can the judge ruled in favor of a non defaulting party like Y?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 6 months ago

Y would have to state the basis for which they could vacate the judgment of another party. They may have tried to intervene and join in but I am not sure the legal basis which they cited and used to vacate the judgment which was entered against someone else. Unless they were an attorney representing that party, the Judge should not have vacated the judgment. As you shared, they were not a party to the lawsuit and did not have standing so it should not have been done unless they had a legal basis. If they did, it would have been stated in the motion and you could have responded and objected to it.

Ask Your Own Real Estate Law Question
Customer reply replied 6 months ago
Y did not have any basis to vacate. Y only argue that the judge was incorrect to grant my default judgement.
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 6 months ago
Then the response should have been that the motion to vacate should be denied as Y did not have standing or a legal basis to proceed as they were not a party to the lawsuit or joined in.
Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 6 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RealEstateAnswer Your Own Question
RealEstateAnswer
RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 32,313
32,313 Satisfied Customers
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases

RealEstateAnswer 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

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I am in County Texas. I won a default judgment against my
I am in Harris County Texas. I won a default judgment against my mortgage company, X. I was in the process of collecting the judgement from X when a bank, Y filed a motion to vacate my default judgeme… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Thanks for the answer. However, in my case I won default
Thanks for the answer. However, in my case I won default judgment against mortgage company, X but Bank Y filed motion to set aside my default. X did not file anything. How can bank Y win?… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
This is a section of the summary judgement the judge ruled
This is a section of the summary judgement the judge ruled against me and for chase 09 ch2405. My lawyer was not representing me. I told the judge. How to reversed on my next court date, because The l… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
For FLACORPLAWYER. This is a follow-up question for
For FLACORPLAWYER. This is a follow-up question for clarification. Based on my example scenario, you are saying that since Lender X was acquired by Bank Z, therefore BOTH the note and the mortgage (or… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
Buyer is buying a house. County records show individual X on
Buyer is buying a house. County records show individual X on title. The selling agent says that the property is a land contract owned by a corporation owned by individual Y. Selling agent further stat… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,175 satisfied customers
I put on offer on a house for X and explicit said the offer
I put on offer on a house for X and explicit said the offer was good for 2 days. The seller countered with Y. I countered with Z. After thinking about it for a day I decided to accept the original cou… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
my mortgage company got a default against me for failing to
my mortgage company got a default against me for failing to answer within 30 days of service in California. I am now in the process of filing a motion to vacate. However, I am a citizen of Oklahoma no… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,233 satisfied customers
I am a loan officer working for a loan broker in CA. Recently,
I am a loan officer working for a loan broker in CA. Recently, I worked on a loan where a private investoe loaned $50,000 to a third party borrower who defaulted on the loan. The investor sued me for … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,175 satisfied customers
I vacated my apartment because the landlord sold the house...I
I vacated my apartment because the landlord sold the house...I owed her two months rent and told her when she gave me the vacate letter giving me 30 days..that she has my security plus interest since … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I am a real estate agent in Wyoming. I have a exclusive listing
I am a real estate agent in Wyoming. I have a exclusive listing witha selller (Y) of a ranch. The seller is currently in a contract for deed from previous owner (x). The seller Y lost her husband abou… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,126 satisfied customers
Due to a major car accident, I had to put my condo up for sale.
Due to a major car accident, I had to put my condo up for sale. A member of the HOA board asked which realtor I was using. When I told her person x, she said I should not use him as he is a criminal. … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,421 satisfied customers
Can I appeal a default judgment from two months ago
If a lawyer received a default judgment on a case I did not show at because of various reasons* and now two months have passed since, is there any way I can still appeal it? *I admit I have been ignor… read more
RealEstateAnswer
RealEstateAnswer
Lawyer
32,313 satisfied customers
Whoever gets this question studied it, ponder it, I will do
Whoever gets this question studied it, ponder it, I will do right by you because it is long and consists of several parts. I need some answers here and it is a complex question to me anyway, which des… read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
Won a $7,000 settlement vs. Business X. Business X has not
Won a $7,000 settlement vs. Business X. Business X has not filed for bankruptcy, but issued a letter that they are insolvent. Business X stopped operations and building/property it leased space in is … read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I saw a judge today who granted the opposont party a default
I saw a judge today who granted the opposont party a default against me. I have no legal nknowledge unfortunately and have attempeted to file an answer 6 -7 times at the court house which came back to… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,255 satisfied customers
I want to buy a home from a lady who will owner finance me
I want to buy a home from a lady who will owner finance me but she is already being owner financed by another person who owns the home free and clear. Is this legal? If so what are the risks for me as… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My business partner and I got a house near Lakeland, FL in
My business partner and I got a house near Lakeland, FL in 2005 as a rental investment property. We live in Los Angeles. We put 20% down w/ a fixed loan, but we soon realized the rent the realtor clai… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
X signed a year long lease with property as did Y and W.
X signed a year long lease with property as did Y and W. X found it unbearable to live with Y, who became bossy and unreasonable. Y also became pregnant with W's child. Lease is up in June. X decided … read more
Bill F.
Bill F.
Associate Degree
1,110 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