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

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.

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Attorney answers 4


You should hire your attorney quickly

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


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

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Christine James

Christine James


I agree wholeheartedly with Mr. Mascaro. If you want to save your property, see a real estate attorney ASAP.


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.


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.

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