Legal Question in Real Estate Law in South Carolina
Being sued for Breach of Contract by my mother. She has a written contract she say I signed saying I would sign my mobile home over to her because she has given me money in the past. The piece of paper she has my signature but I believe she cut an paste my signature and made a copy. I responded to suit stating the contract was fraud. Supplied evidence of my making the payments on the mobile home out of my check account. Supplied evidence of my mother being a conviced felon for theft by taking. She also said she paid my property taxes. I supplied evidence showing I paid all taxes. This case was started in Dec of 2009. In July 2010 her lawyers did a motion to refer cast to special referee pursuant to scrcp rule 53. I was set for a Special Referee but the assigned person died. In February 2011 a new request for Special Referee was requested but the case then started being referred to as a foreclosure. I received a written letter March 16, 2011 to appear at the court house for this action for foreclosure that has been referred to a Master in Equity on March 30, 2011. This letter requesting my attendance had the wrong case number on it that had already been dismissed in 2009 so I was confused and not concerned. Can the Plaintiff use just a copy of this contract or must she produce the original? Many of my legal documents reference a closed case instead of the open law suit. Can the case go from a Breach of Contract to a Foreclosure without refiling the suit?
1 Answer from Attorneys
I'm not going to answer your questions because off the top of my head I am not positive of the answers, and I don't want to provide any legal advise unless I know its 100 percent correct.
However, I will tell you this with 100 percent confidence. There is a very strong possibility that a judgment has been entered on your case. You've made reference to "a closed case" and to appear for an auction, and it possibly going from a breach of contract to a foreclosure (which could explain the differerent case number).
My point is, you need to do some very fast research and get some very fast legal advise as to the status of your case. Based on everything you've said, it looks like you may have already lost and you don't know it.
I hope your case is alright, but if its not, then you need to act very quickly to address this!!!!
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