Lisa Phipps
New Member
- Jurisdiction
- Georgia
My question is, can I put my property up for sale in the middle of a civil case with my neighbor?
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Civil / Real Property suit Defendants
- Thread Starter Lisa Phipps
- Start date
adjusterjack
Super Moderator
Yes.
But you might have difficulty selling while the case is pending, especially if the case involves the house itself.
Details, please.
But you might have difficulty selling while the case is pending, especially if the case involves the house itself.
Details, please.
Tax Counsel
Well-Known Member
Sure you can, assuming there is no court order preventing you from doing that and assuming you are not in bankruptcy. But if the lawsuit involves a dispute over some right to your property there is a very good chance the neighbor has filed a lis pendens providing public notice of the dispute. That lis pendens will scare off any buyer who has the good sense to get a title check done before purchasing the property.
zddoodah
Well-Known Member
The answer to your question, as phrased, is yes. However, I suspect it's not really what you intended to ask. If your intent was to ask whether the sale of the house or putting it on the market would have any impact on the lawsuit (or vice versa), you'll have to give us at least a little bit of information about the lawsuit (e.g., who's suing whom and why?).
Lisa Phipps
New Member
My neighbors are sueing me for every and anything he can think of. I have a 20' deeded easement through the property he bought a year or so ago. I believe he intends to take property!
Neighbor is wealthy. I am struggling right now. Since I have no representation, his lawyer is having a "field day" with me. If he wins I'll most likely be ordered to pay his attorneys fees ,which are likely to be nearing $ 60 - $100,000.00! There would be a lien put on my property. If I couldn't pay as directed. I lose my property, HE WINS!! This is not how this case should go. I dont walk down my driveway like I used to because I fear confrontation. He films everyone he sees coming to my house with his phone. I hardly go out at night as well. I feel like everything I do is a nuisance to him. I've went above and beyond to accommodate his wishes. He says I've changed nothing! The only thing to make him happy is to leave my home and never return. It's not my place to please him to this extent. Is it? Attaching original complaint.
army judge
Super Moderator
The likelihood of you being EVICTED from your home over an alleged civil debt is very unlikely.
Even IF the other party prevailed, received a $250,000 judgment against you, there is always a Chapter 7 bankruptcy action that COULD resolve things to your liking.
A lien against your property doesn't mean you must GET, and your pursuer gets your home.
That said, all isn't lost.
You have many options available to you.
Homestead laws in Georgia allow homeowners (and other property owners) to declare a portion of their real property as a "homestead" that cannot be taken by creditors.
Read on, educate yourself, know your rights:
The Georgia Homestead Exemption
Property Tax Homestead Exemptions
You might wish to speak with legal organizations that assist financially challenged people.
You could also investigate taking out a personal loan, second mortgage, in order to pay your own legal champion.
By the way, never give up just because things appear bleak.
You're ONLY defeated when you take yourself out of the fight.
Lisa Phipps
New Member
I have not done a good job so far. I need to defend myself against allegations. I dont know the proper way of doing anything right. I'm so emotionally involved with my home at stake( if he wins they'd put a lien on my home). This has been going on over a year. Now on 5/20 they file for deposition, property inspection and production of documents. Most of which I dont have.
How should I conduct myself? I desperately need help doing these things!
How should I conduct myself? I desperately need help doing these things!
Lisa Phipps
New Member
Sorry, I'm new at this. Trying to get the right one.
Lisa Phipps
New Member
Thank you so much
I haven't spoken to any one with any help or advice. Civil litigation lawyers hardly exist w/o injury.
I have had no luck finding anyone that help financially challenged people! I would let a lawyer garnish my wages for payment if that will help someone help me. Just sit down and advise me. Give me a defense that's not all over the place. I'm being attacked at so many angles I'm overwhelmed which makes me not able to focus. Especially in a courtroom setting.
army judge
Super Moderator
Relax, go to your happy place, breathe deeply, that's better.
You can receive a FREE, no obligations consultation from MOST lawyers.
If I were you, I'd seek at least THREE such FREE consultations.
You merely need to chat with a real estate attorney, or even a general practitioner.
That's where you start.
Most lawyers allow anywhere from 30 to 45 minutes for a prospective client to talk about their concerns/issues, and see if the lawyer can offer any ideas and direction.
Plus, even IF you lose, it is highly unlikely that your enemy could wrest ownership of your home from you.
By the way, why listen to the one trying to destroy you?
We all know people lie, especially if the other party wants to strike a blow with a machete across your throat.
Stop listening to the enemy.
Talk ONLY to your lawyer, or yourself.
Call the GA Bar Assoc and request a referral (or3) for Real Estate attorneys experienced in easement disputes. You may be able to have a consult at a reduced fee and get some guidance on your case.
State Bar Of Georgia
zddoodah
Well-Known Member
The document you attached is a blank federal income tax return.
Why do you think that? The "American rule" is that each side pays its own attorney fees, and the primary exceptions are for cases arising out of a contract that provides for recovery of fees and if the case implicates a statute that provides for recovery of fees.
5/20 is a week from today. Also, one does not need to "file for [a] deposition." One simply notices a deposition. If your adversary seeks documents you don't have, then you explain that in your response. You obviously need legal representation. When your neighbor sued you, did you contact your homeowner's insurer?
Tax Counsel
Well-Known Member
What makes you think you'd have to pay his legal fees? The general rule in the U.S. is that each party bears his/her own litigation expenses, win or lose. The main exceptions to that are (1) in contract disputes where the contract says the loser pays the winners legal fees, (2) by statute in certain types of legal actions, like many consumer rights and civil rights actions where the law gives the consumer or civil rights litigant the right to recoup legal fees, and (3) attorneys fees are sometimes awarded against a party as a sanction for violating court rules or court orders. So the chances are that your neighbor doesn't have a right to attorney's fees in this dispute.
Has the neighbor asked for attorney's fees? If so, what is he/she claiming as the reason for being entitled to them?
You need to explain what you mean by I believe he intends to take property. Take what property, the easement or your property that is served by the easement?
I don't know what the allegations in the complaint are but I will tell you that if you have a deeded easement the likelihood of your neighbor taking back the easement are zero to none. Deeded easements cannot be extinguished for any reason (except for very few instances ) once granted and that are appurtenant (running with the land). So your property (the dominant estate) will own that easement on your neighbor's property (the servient estate) in perpetuity. Any attorney that is in the practice of easement law knows that.
If you are talking about them taking your property you will have to explain why you think that. What does the easement have to do with them taking your property or a portion of it? Is adverse possession mentioned in the complaint?
If you don't have documents you can't produce them so you say so. But under what legal doctrine are they asking for a property inspection?
If you can upload the complaint or the demand for discovery (redacting personal information) do so.
You really need to find the resources to hire a land use attorney. You're in way over your head.
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adjusterjack
Super Moderator
Did you get an Owner's Title Insurance Policy when you bought the property? If yes, look in the policy papers to find out how to file a claim. This type of land dispute might be covered by a title policy.
It would not be covered by your Homeowners policy.
Lisa Phipps
New Member
Zigner
Well-Known Member
You really ought not post documents with personally identifying information. I've asked that admin remove them, but you should do it yourself so it is done more quickly.
Lisa Phipps
New Member
I know. I thought I uploaded the documents. Can you not see them?
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