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forced auction

Posted on: 21st Feb, 2009 09:44 pm
dad died stranger claimed she was his daughter . took us thru years of court no dna no birthcertificate . judge declared she was lineal descendant . she is added to the property to 1/5 share . now we are 5 co-owners . brother was residing with dad so he stayed and agreed to sell when housing starts to sell . this person who claimed she was family took us to court again demanded 30 thousand or 1 acre (only 3 acres in all) so that was more than 1/5 . Judge orders property sold at auction proceeds to pay for her atty. fees court and then divided . We did not attend the auction I live in another state and sister and brothers couldn't stand to see the property taken like that . The party which forced the sale did not attend but her atty. did . Nobody bid at the auction so her lawyer bid 100.00 and got the entire estate . My brother who has been making payments on the mortgage for past 4 years has gotten 15 day eviction notice . We have no formal notification so far . According to her it all belongs to her and she will rent it out and when she does sell it we get nothing as we lost .
Hi lucy,

I don't understand why you guys weren't present at the auction? Since the property has already been bought by her lawyer at auction, I don't think you can do anything to revert things. What you can do is you can consult an attorney experienced in dealing with this kind of issues because only he/she can show you the right way to get out of this sticky situation.

Thanks,

Jerry
Posted on: 23rd Feb, 2009 04:25 am
to devastated emotionally from all the court hearings which we have spent about 7 thousand on lawyers just fighting her so called lineal descendant claim. I could not attend as I live in another state . after judge put property on auction we could not stop that and none of us could get a loan to pay off the mortgage on the property . Brother had made all payments taxes for past few years he was the executor . I have to get over it and move on . Feel like we were scammed and wasted a lot of money time etc . When inheited property gets involved in court battles eventually the money in court cost lawyers is more than the worth of the property especially now that values on real estate has taken such a hit . It bothers me the most because my brother and his familly had a place to live and could pay for so he kept his pride now he and the 4 children and wife will have to be housed in a shelter and will require assistance in finding affordable housing . My brother was taking care of Dad who was 76 years old when he died and wanted to buy the place but couldn't so the loan which dad allowed my brother to keep up payments and stay in the home .we were not making financial decisions we were a family trying to do what families do . we did what we could till the money ran out we forfieted money to lawyers that we could have put in our bank accounts fighting this and for this person to take everything for one hundred dollars makes me sick .
Posted on: 23rd Feb, 2009 09:37 am
Hi lucy,

It makes me sick too. This is so unfair and unjust. I don't even understand how the court adjudged her the lineal descendant when there was no evidence (no DNA, no birth certificate) in favor of her claim. But as Jerry had mentioned, since the property had already been auctioned, there's little we can do about it now. If there's anyone who can help you now, it has to be an experienced attorney.
Posted on: 23rd Feb, 2009 11:17 pm
brother who was evicted seems to be the best one to see attorney he was executor and has been managing the whole mess. I think every man in America should write down a list of his childern and and say anyone who shows up at my funeral claiming to be lineal descendant isn't . Upset because dad not here to defend himself people will do anything for money
Posted on: 24th Feb, 2009 09:59 am
Hi lucy,

You're right. People have become so conscienceless these days. They can do anything for money and they don't mind hurting others' sentiment for that.

Since your brother was the executor he is the best one to see an attorney and the attorney he would be consulting, should be a very experienced person because helping you get out of this mess won't be easy for someone relatively less experienced.
Posted on: 24th Feb, 2009 11:05 pm
she sues us then wins judgement to force sale at public auction then her attorney bids a hundred bucks and she is the new owner of the estate.the judge here could have stopped and set up a new date for auction . not notified about so called sale except that brother got eviction notice . today I looked up the records and she has officially gotten a certificate of title in her name only. it says nobody "OBJECTED' to the sale and 10 days have elapsed since the filing of the certificate of sale dated Feb 24 which is not right .auction was held Feb 10 , plus 10 days would be Feb 20 , 4 days have elapsed since then not the 10 required . You would think when somebody takes your name off your "inheirted property " that you should be notified I guess the eviction for my brother was notification . ha ha I am going to call the courthouse long distance of course and tell them that I do OBJECT plus fax them a written objection . how do you spell fraud ???
Posted on: 24th Feb, 2009 11:21 pm
Hi lucy,

I do understand how frustrating the situation must be for you. But I think you really need to consult a lawyer as he is the right person who can show you the right way to get out of this mess.
Posted on: 25th Feb, 2009 12:41 am
good advice thanks to all of you I am seeing my family atty . tomorrow I have worked it out to pay the lawyer by not seeing the optometrist for my rx glasses . I will buy the glasses at wal-mart even though I wanted to get my eyes checked can't afford everything . I can't even sleep because of the worry . Ya'll are good people and you are right I got to see a lawyer for nothing else then to protect myself from any further harm she can do like suing me for her atty. fees and court cost . The property she took from me well I can get over it my brother likely never could afford to pay me for my share but I loved him and I would not make him homeless for anything .
Posted on: 25th Feb, 2009 02:39 pm
Hi lucy,

I know how frustrating you must be feeling. Infact if I were in yur place I'd have felt the same.

It's a good decision to see a lawyer because with my limited experience and knowledge I can can just give you some suggestions, but it requires an experienced lawyer to provide you the right legal solution.

Hope justice prevails this time.

May God be with you. Best of luck.
Posted on: 26th Feb, 2009 12:34 am
My atty. said it was a done deal when he looked over the paper work . But it is over and its just best to move on and learn a life experience that people are criminals that some people will do anything to gain some material thing regardless of who they hurt or take away from . I sleep really good at nite knowing what I have I worked for have never gone to court to win the lawsuit lottery or cheated a person . I still have values and I wouldn't do this to a soul not even the one who did this to my family .
Posted on: 26th Feb, 2009 02:00 pm
Hi lucy,

Your attorney's right. The best thing to do now is to move on and learn a lesson from a hard life-experience. I know, it's easier said than done. But there's very little we can do to change the situation now but to accept it.

God bless you.
Posted on: 26th Feb, 2009 11:50 pm
I have learned that in tenants in common one person is usually targetted purchase of one slice then the new tenant sues in court same way this person did and does precisely what she did . It was a widely used practice to take inheirted property from black people who were "Ignorant and to poor to hire attys" Then it would be developed one of the greatest land thefts which has kept blacks from building wealth generation after generation. It is a loop whole law that allows theft by law to allow development which states benefit from tax wise . The legislators would have to make laws to protect heirs . You generally do not go thru this process enough to know the law we did spend 7 thousand dollars on lawyers but in the end all we did was unravel for the new owner all that we did legally to retain it . its gone and the laws have been on the books since the 1800 and it happens today lots of people support it developers etc .
Posted on: 27th Feb, 2009 03:07 pm
I talked to this person who claimed she was my dads daughter so I asked her what was his "tic" ? she didn't understand the question so I said well a habit that he had ? she said oh he smoked I said no that 's not it . anyway she never could give me the answer and I knew right then she had not spent time with my dad as she claimed this loving relationship .
I was telling my brother about it and he KNEW the answer right off . I imagine that anyone who knew him well would have known but she didn't .
Posted on: 27th Feb, 2009 08:37 pm
Hi lucy,

It's not surprising that she could not tell you the right answer because we all know that she simply lied about the fact that she was your dad's daughter. She never spent time with your dad and thus know nothing about him, his likes and dislikes. However, what's strange is that the court failed to realize this truth and gave the verdict in her favor.

But there's no use in crying over the spilled milk. Let bygones be bygones and look ahead to the future bacause time and tide waits for none....life moves on.
Posted on: 27th Feb, 2009 10:06 pm
our probate lawyers said we should not go to the court hearings when she was trying to establish lineal descendant status they said legally she had have birth certificate or dna or something legal . So she takes a person in and introduces this unknown person as my sister .. this is not my sister who is at home . we have proof of this its in the legal doc. court sent us saying that she and my REAL Sister want to be included as heirs that my brother has not listed her .. that is because only a family member would know the real name of my sister as well as the nick name we call her .
Posted on: 27th Feb, 2009 11:07 pm
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