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willowhisper · Oct 28, 2007, 06:24 AM

I need some help FAST, as I am going broke quickly supporting two homes. I inherited a home from my parents. My parents allowed someone to live rent free on this land for the last 10 years as a "helper" whenever they needed something. I want her off the property so it can be sold. She has dragged me through months of court. After being told she will not get the piece of land she wants by a judge, her lawyer filed a lis pendens. I do not understand how this works. Nobody will want this land without a clear title. She has already cost me one buyer. To make matters worse, my attorney is working at a snail's pace, telling me this is "very complicated". Why can't we just evict her? She has no proof that she is entitled to either a settlement (she wants over 20k in payment for "services rendered" to my parents) or the land. Am I looking at a long, protracted affair here in Virginia? I am losing my shirt in keeping up two households (I live in Fla.) and paying legal fees to a slower than slow lawyer who can't seem to get off her butt. It has been six months!!

LisaB4657 · Oct 28, 2007, 06:42 AM

It might be time to speak to your attorney about being more aggressive. A lis pendens is notice to the public that a lawsuit is about to be filed and a judgment may attach. Therefore this woman must file a lawsuit for the lis pendens to be effective. Has she filed a lawsuit yet? If not then your attorney should make a motion in court for the lis pendens to be removed.

If she has filed a lawsuit then I would suggest that your attorney make an offer to the court that the lis pendens be lifted and $20K from the sale of the property be placed in escrow with the court pending the result of the lawsuit. This way you can proceed with the sale and not have to carry two properties.

Finally I would file a counterclaim against this woman for the damages from the lost sale, which would include any profit plus your carrying costs for the time from the lost sale to the present.

N2TECHNO · Oct 28, 2007, 06:47 AM

Originally Posted by LisaB4657

It might be time to speak to your attorney about being more aggressive. A lis pendens is notice to the public that a lawsuit is about to be filed and a judgment may attach. Therefore this woman must file a lawsuit for the lis pendens to be effective. Has she filed a lawsuit yet? If not then your attorney should make a motion in court for the lis pendens to be removed.

If she has filed a lawsuit then I would suggest that your attorney make an offer to the court that the lis pendens be lifted and $20K from the sale of the property be placed in escrow with the court pending the result of the lawsuit. This way you can proceed with the sale and not have to carry two properties.

Finally I would file a counterclaim against this woman for the damages from the lost sale, which would include any profit plus your carrying costs for the time period from the lost sale to the present.

Wow great advice!!

CaptainRich · Oct 28, 2007, 06:59 AM

First, I think I would find a more experienced attorney who's also more aggressive. That may cost more initially but hopefully your ordeal will be shortened.

Secondly, if you're the current owner of the property, this person has no more agreement with your parents and you should counter her request for a settlement with a request for back rent from the time the property came under your control, and eviction. If the agreement was with your parent allowed her to live rent free in exchange for being a "helper", how can she now claim recompense for services rendered?

Thirdly, file a claim against her for your lost sale and additional expenses.

s_cianci · Oct 28, 2007, 07:14 AM

I certainly don't see why you can't just evict her. It doesn't sound like your lawyer is handling this too competently. You should have been able to just give her the customary 30-days notice. If she then still refuses to vacate, then you involve the sheriff.

LisaB4657 · Oct 28, 2007, 07:16 AM

Eviction is immaterial at this point. There is a lis pendens filed on the property. It can't be sold.

ScottGem · Oct 28, 2007, 07:46 AM

Lisa has given you great advice. But I have to wonder if you don't have a malpractice suit against your lawyer.

This woman had an agreement with your parents to live free in return for services rendered on the property. This is not an uncommon agreement, but it ended with your parent's death. They each got value from the agreement. But she has no claim to anything more since she received value (free rent) for her services.

As soon as title was transferred to you, you should have given her 30 days notice to vacate. When she didn't, you should have started eviction proceedings then. If she filed suit for anything, you should have filed a counter suit for past rent (from when you got title). You add to the countersuit damages from lost sale etc. and add your attorney fees.

Tell your attorney to get off his bun, or you replace him and sue for malpractice.