need help quick

I have a case on for Jan 25. Any help would be greatly appreciated. I sold my house to a friend (Ha) The closing attorney did not get the correct figures from the mortgage company and therefore after the HUD papers were filed and the amounts were sent to the mortgage company the mortgage company notified me that the closing attorney did not give them proper information and that I owed them $20,000 more. Now the Title company is taking me to court for the money because thier client the (buyer/former friend) does not have a clear title to the house. We went to court once because I did not get notice of the first court date therefore I didn't show and the Title company was looking for a default judgement. The judge asked the lawyer for the title company why I was the only one that they were sueing and said that if I knew what I was doing that I would bring in other parties. But I'm not sure how. Also this so called friend came to my house a few weeks before the closing and under duress had me sign a gift of equity for $55,000 to him. Something that I would not have done in my right mind. This friend took me to the cleaners and took away any money that I would have had for a new home for my children. Please, Please help. God bless, lost lamb

Pray.


and don't agree to anything.

Wow, you are up against the wall, but you can attack this on the other side.

HB

Greetings LostLamb,

In thinking this over, it appears as though the judge was giving you a hint, or more accurately, perhaps covering him/herself when inquiring as to why you were the only one being sued and stating that you should bring in other parties. You said that the mortgage company notified you that the CLOSING ATTORNEY did not give them proper information. If the closing attorney conducted a faulty title search, then the liability should rightfully fall ON HIM, not you. But, it should be noted as this time, if I recall correctly, that being a member of the A.B.A is a prerequisite to working for a title company. This might explain why the title company chose to sue you, instead of one of their private club members. Perhaps, you could initiate your "administrative remedy" by filing a formal written complaint with the A.B.A, do it in affidavit form, explaining how you have been financially and emotionally injured, get it notarized, serve a copy on the attorney, and cc copies to the court. Then, possibly do a void judgment if they did get one, and sue the attorney. These are just thoughts. Perhaps others here may have some better suggestions?

Sincerely,
truth

[weishaupt1776]

In civil action, the motion you would file is a motion to dismiss for failure to join an indispensable party. The judge hinted at that, but can't rule on it until you move the court to do so.

http://forum.suijuris.net/showthread.php?t=1555

got to rule 10-12

then rules 17-21, especially 19

read, read, read!

If the judge dismisses the case on those grounds, they wold have to amend or start a new complaint suing you & that other cretin.

Once they do that, file a cross-claim against the cretin who is now joined. I believe the cross claim needs to be addresses first.

What "statute" are you alleged to have "violated"?

Got your states rules of civil procedure & line them up with the federal rules above.

Where's the contract between you and the lawyer? Did you breach an obligation in the contract? If so which part?

If you did breach, how did the attorney get damaged?How?When?Why?

p.s. Bowman, come on now - only 817 posts? Get to work, son!

Good call Weiss!


He led you right.

My head is in too deep right now, but that is a path I would take.

I would make the motion in the hearing.

HB


Weiss, when you get three youngin's runnin you like a sled dog, then, you can talk...

I want to thank everyone for your help. I was refered to this site by a good friend. If I make any mistakes please correct me. I am being sued for breach of contract and, fraud and misrepresentation due to the fact that the buyer does not have a clear title to the property. Is there any way that I can recind the gift of equity of $55,000? Plus at the time of the closing the buyers attorney had the closing attorney make up a check to me for $16,500. and then had me sign it over to the buyer. I was under medication at the time for depression and had no money for an attorney to be present on my behalf. Also the house was about to be foreclosed on so I was under extrem duress and too scared to question anything. May God forgive me for my mistakes and lack of strength.

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