Equitable Title / Real Estate Litigation
Ex parte filing in the 11th hour saves PA parents’ home from auction.
PA had been involved with a protracted legal dispute that spanned nearly 8 years. As part of that process, PA had received a judgment in excess of $300,000. PA had purchased a Property for the benefit of her parents. The Property itself was titled in PA’s name, however, PA’s parents had acquired the property using their own funds, resided at the property, paid for maintenance and insurance, and they exercised exclusive dominion and control over the Property. Unfortunately, because the Property was titled in PA’s name, the $300,000 judgment lien attached to the Property. By the time it reached our office, the Property was scheduled to be sold at auction by the creditor.
At the 11th hour, we filed an exparte motion to stay the foreclosure arguing that, even though legal title resided with PA, the equitable (actual) property belonged to PA’s parents. The matter was set for evidentiary trial before Judge Styn. At the evidentiary hearing, we were able to establish that, because equitable title rested with PA’s parents, there was no Property for the lien to attach to, and therefore, the Property could not be sold by the creditor.