What are the legal ramifications when there is ongoing Civil Lit & a potential sale of the subject property being litigated?

Asked 5 months ago - Concord, CA

In California's Coco County Civil Unlimited Jurisdiction I have a case pending as the Plaintiff vs a Bank Servicer and Trustee Co for wrongful foreclosure, slander of title, declaratory relief and cancellation of instruments. I may have an offer to buy the subject property. Can the litigation proceed to completion where the property has been sold? I do NOT want to sell, but am being forced in to this circumstance, and may suffer damages as a result, please advise.

Attorney answers (4)

  1. Jame P Mascaro

    Contributor Level 10

    3

    Lawyers agree

    Answered . I advise you to find a real estate litigation attorney immediately. This is not something you should be handling yourself.

    The information presented on this site is not intended as legal advice. Neither receipt of information presented... more
  2. Robert Bruce Kopelson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Talk to your current atty. it will impact your case. You probably wont be able to complete the sale under the circumstances you describe. You cant convey clear title given the foreclosure.

  3. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You should hire your attorney quickly

    Avvo "Find a Lawyer" tool is a fine one to obtain a superb (10) attorney

  4. Jedediah J Strong

    Contributor Level 6

    1

    Lawyer agrees

    Answered . It sounds like the bank is currently foreclosing on your home, and if that is the case, I hope you already have an attorney representing you. Depending on how your claims are pled and where you stand in your case, you might be able to sell the property and continue forward with your litigation. You should, however, hire an attorney to represent you and review your situation.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,629 answers this week

3,081 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,629 answers this week

3,081 attorneys answering