Oaky To Lien?
Hi,
Recently I lost my home to a friend because I was a big enough moron to actually jump off my deed for a wrap mortgage after my own refiance attempt fell through (he kindly offered to do the loan in his name, then after closing refused to put me back on title... etc..) Later on a very minor technicality, he filed an eviction (I was NEVER late on a mortgage payment and had proof of such).
At our first appearance, in essence, I won with the judge (very cleverly) making the remedy a "settlement" that in essence would put me back on title, until I could either refinance my former friend off the title or sell, whichever I chose.
Though my friend's attorney was a joke and did just about everything incorrectly, illegally and/or unethically... Mine was a bigger joke and actually let me go into default (despite my reminders turned pleas via phone and fax) by not following through on our part of the deal.
The joke was on me when he finally responded, it was to let me know that I had a hearing for defaulting on the judge's suggested "agreement", the only out (according to him) was to settle. I refused and was confused. My questions as to "how" and "why" and "what about" were basically ignored and evaded. Outside the courtroom, before my hearing, the "settlement" word came up, I again refused, my attorney became angry and started badgering, threatening and bullying me into believing that the default was my fault. At one point, I actually broke down and literally cried... I was scared of losing my home and was totally confused. I finally signed a ridiculous agreement that was extremely one-sided (not mine). I was told I would have the final draft in a few days. It came, late and irrecognizable. He urged me to sign, I refused. I asked for explanation and clarification of the changes.
Heres the punchline, I thought the attorneys were hard at work pounding out the details, until a 24 hour writ to Vacate was posted on my front door, I had been found in default of our first agreement as structrued by the judge. The next day, I filed a motion for stay with remarks that I had a serious grevience with my attorney and requested permission to replace my counsel (if permission was necessary).
My stay was denied, I assume by a very irritated judge that probably thought my attorney and I blew off our court date.
12 hours later, I vacated my home of 7 years... 14k lighter from recent remodeling, financially spent from my battle, without equity in my property nor trust in people.
I apologize for the wordy intro, I would rather not have embarrassed myself, but I believe the circumstances come heavily into play.
I understand that technically that was only a hearing for my tenancy and not truely over ownership (and because of the cirucmstances, it seems that my particular judge may have decided that by had cleverly wording things as he did at my original court appearnce, by making it a settlement it would inadvertantly settle the ownership battle), and that I am still able to pursue it in civil court. But because of the retainer quotes from I've been getting, a reatlor friend made a suggestion...
She suggested that I simply go down to the courthouse and file a lien against my home for an amount equal to, or close to the equity I have in the property. Thus irregardless of whether I get back into court regarding the matter or not, that it will cloud the title and possibly down the road (when I might be able to better afford so), it might give me an opportunity via a new attorney to present what happened to a new judge, or, ya never know, my former friend might just settle in order not to impede the sale and risk losing whatever money above my lien he would be able to profit.
I aruged that I would have to go to court just to get the lien and that I didnt think I could just walk in as "Joe Blow" (not a contractor) and just file a lien. She was insistant, that I could. Maybe even as unpaid downpayment money or an unpaid second, but I'd rather not be dishonest if possible.
I know it sounds a bit there, but I thought asking was worth a shot. I'm open to answers, suggestions and/or recomendations of affordable legal counsel in South Floida.
(Please no criticisms... Believe me, I am painfully aware of what " I could have or shouldn't have" done.)
Thanks for your advice and for the great website...
Brian
Brian
You need to get a GOOD attny. Filing a lien may or may not be a remedy depending on more details than we have here. If it turn out you don't have lien rights the penalties for Slander of Title can be pretty steep. You don't need more trouble of that sort.
The good news is that with even minimally competent counsel on your side you've got a pretty good shot here assuming the facts are more or less as you describe.
Yes you do definatly need to get a GOOD attorney. There is a website out there with with attorneys that have won some sort of award for being the best but I can't find it.
If someone else knows it, please post.