Legal Question in Real Estate Law in California
I am trying to remove a lawsuit my neighore have put on me for an easement I use as half of my driveway I have countersued that it has negated the sell of my property. If I go in foreclosure with the lawsuit still intact will that stave off the foreclosure until all appeals and decisions are rendered. I feel neigbors are going to drag this out win or lose until I am forecoled Also if I have a judgement in my favor can I recover the cost of my legal fees even if I need to put it under another heading such as fees for atty.
2 Answers from Attorneys
You are in a very complicated legal situation, definitely not one that can be answered in an online forum like this. You need to call an attorney or you may be in very serious trouble. This lawsuit will NOT stop the foreclosure.
A lawsuit over an easement may be entitled to recording of a lis pendens ("Notice of Pendenct of Action") under Code of Civil Procedure section 405.4(b), and the existence of a lis pendens on the property record might cause a lender to hold off, voluntarily, on a foreclosure sale. Neither the suit itself nor the recording of a lis pendens is a legal reason preventing a foreclosure, but may be a practical deterrent. Given that a suit (and a cross-complaint too?) is pending, it may be possible to convince the judge to issue a temporary restraining order and/or a preliminary injunction against the sale, but sufficient grounds may not exist if the lawsuit is over an easement, and is not questioning the lender's rights in some way.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
