Posted by Jay on July 25, 2007 at 18:39:42:
Thanks again, JT.
Advice well taken.
Lis Pendens - Posted by Jay
Posted by Jay on July 21, 2007 at 10:51:29:
Can someone help me here? I live in FL and I’m planning a short sale with this seller. Here’s my question:
When a seller receives a lis pendens (20 day notice), what difference does it make if the seller responds or not?
And if he responds, what does he say or do?
Thanks,
Jay
Re: Lis Pendens - Posted by JT-IN
Posted by JT-IN on July 21, 2007 at 11:09:08:
Jay:
Whether an owner responds or not to the LP filing will make little difference, unless the claim and premise of the case are NOT true. However, if the owner is truly in default, they could say anything or make any claim they want, and it will have no impact on the Plaintiff obtaining a judgment. The net result will be the same, period.
Now if a Plaintiff made faulty claims and the owner had true evidence and fact that disputed the claim, then there would be a potential for the owner to prevail and avoid the judgment. This is hardly the case when an owner is in default on payments. The only difference basically is whether it comes down as a default judgment or a summary judgment, and this is purely semantics, because the net result is a JUDGMENT.
Default judgment happens when the defendant in a suit does not answer, so they are in default of answer and the court finds in favor or the Plaintiff since the facts are not challenged. Summary judgment happens when the owner/defendant responds, and based on the preponderance of the evidence the court finds in favor of the Plaintiff. Same ending point.
The outcome of a judgment is that the property will go to sale if the debt is not paid or negotiated to be paid.
JT-IN
Re: Lis Pendens - Posted by Jay
Posted by Jay on July 23, 2007 at 14:01:15:
Very nicely put, JT. I appreciate your answer and the detail.
I will advise my seller and proceed as quickly as possible with the short sale. The husband is in the hospital now and I think I should be careful not to have him sign any more documents until he is in better mental capacity, don’t you agree?
Thanks,
Jay
Re: Lis Pendens - Posted by Sailor
Posted by Sailor on July 21, 2007 at 13:07:47:
Gawd, I love it when you talk legal, JT!
Tye
Hospital signatures - Posted by JT-IN
Posted by JT-IN on July 24, 2007 at 06:41:44:
Jay:
I have had the situation arise several times where signatures of those hospitalized were required. This was done for the advantage of the seller, (who was motivated to get the deal done prior to any altering mishap, God forbid), and in the presence of the spouse who was party to the deal. Also in the presence of hospital personnel who are notary’s, in light of the need for such a service.
This way I feel that the hospital and family are coordinating the signature, not me. So “IF” there is ever a question about it later, as to the capacity of the signor, it was orchestrated by the family member and at the hands of the hospital staff. Much better than me running a Notary in the door… and obtaining a signature, I believe. If the hospital didn’t think the patient was capable of rendering a signature, then why did they provide the Notary…?
Just my thoughts on it… I am always for getting signatures TODAY, instead of tomorrow…
JT-IN