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-   -   Can a homeowner keep their property in the home pending an appeal (https://www.askmehelpdesk.com/showthread.php?t=421813)

  • Dec 3, 2009, 02:26 PM
    novie
    Can a homeowner keep their property in the home pending an appeal
    Today the judge entered a writ of possession in my unlawful deteaner case. I plan on filing an appeal because the plaintiff did not come to court, and a lot of other good reasons. I would like to know while the appeal is pending can I leave my belongings in the home or do I have to remove everything while appeals pending. Also I would like to know can I file a petition for stay of execution pending appeal? If so can I get a sample of how to do so.
  • Dec 3, 2009, 02:56 PM
    ScottGem

    As soon as the appeal is filed, any order to vacate by a lower court is put on hold pending the result of the appeal.

    I'm curious as to why you are losing your home, An unlawful detainer is usually used to order a TENANT to vacate, not a homeowner. Who is suing you? Who is the plaintiff? What grounds did he have to taking your home from you?
  • Dec 3, 2009, 02:58 PM
    excon

    Hello n:

    I'd write the judge a letter stating exactly what you did here. I'd send my letter certified, return receipt requested, and I'd hand deliver a copy to the clerk of court. I'd mail another copy to the plaintiff or his attorney. Ask the judge to consider your letter to be a motion.

    excon
  • Dec 3, 2009, 04:01 PM
    Fr_Chuck

    Of course if you wait too long to file, the current court order is in effect.

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