I entered into a verbal agreement with my half brother purchasing a judgement from a bank on a foreclosed commercial property which we planned on taking through the auction process. Our agreement was to divide the deal between us proportionally on the amount we each contributed. Since I contributed 80% of the funds, I now own the judgment in my name alone but now my brother has decided to sue me saying that the verbal agreement was only a loan to him and accusing me of fraud. Has has already served me with papers (1 month ago) and now without any proof he wants the note 100% for himself. He is not interested in negotiating any agreement, but wants to take this mess to trial. He has convinced the judge to a 2 month "reserved ruling on temporary injunction" but now in financially difficult..
General Practice Lawyer
You need to find a litigation attorney. Take advantage of free consultations.
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You are going to need to hire an experienced litigator to defend you in this matter. Allegations of fraud need to be pled with a great deal of specificity in order to survive a motion to dismiss. You should seek the advice of an attorney immediately.
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Criminal Defense Attorney
You should find a real estate litigation lawyer. Your one real issue here is that contracts involving real property must be in writing. Since the judgment is in your name alone, you are one step ahead. Contact an experienced real estate litigation lawyer in your area ASAP since your litigation has already started.
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