Legal Question in Real Estate Law in Kansas
laches and equitiable estoppel
our foreclosure has taken hud 10 years to find a servicing agency to file. we made payments past date hud states we defaulted. husband lied off year and wife had third degree heart block. we have had 4 summary judgement hearings and 7 different attorneys handling this case. the attorney now has file judgement where he states the defendant are between sanity and reality. this all stated during hud's reorganization by the federal goverment we are filing an objection to journal entry to foreclose without our attorney, could this be a legal defense in kansas.
1 Answer from Attorneys
Re: laches and equitiable estoppel
Under Kansas ethical rules, an attoney is not supposed to cast personal aspursions as to the character of oppsoing counsel. Since you have no attorney right, now, you are Pro Se, and therefore you are your counsel.
If you truly do not have an attorney handling this matter for you now, it is very unlikely that your Pro Se status will be a defense. If the facts as to the propriety of the Journal Entry of Judgmetn are as the other attorney says, the Judge will likely Enter the Judgment Ordr the house sold. The Judge might postpone the Journal Entry if you ask for reasonable time to obtain new counsel.
If the Forclosur egoes through, you have redemption period of three months, unless the ratio of debt to equity is lesss than a certain level. In some cases the Judge may reduce or eliminate the redemption period. You did not state whether the other attorney is making a request about the redemption period.
if you income tp debt ratio is low, you may be able to fiel for bankruptcy. This would freeze the foreclosure action, by an automatic stay of all prodeedings. however, the other attorney may get the stay lifted as to the foreclosure.
Good Luck