Post by soonerlew on Mar 24, 2008 16:36:21 GMT -5
By: my69z
24 Mar 2008, 05:18 PM EDT
Msg. 691134 of 691158
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Desormeau files to "Expunge" Lis Pendens...
03/20/2008 CERTIFICATE OF MAILING OF MOTION TO EXPUNGE LIS PENDENS 03/18/2008
For All Parties
Filed By Desormeau, Dave 1 page
Hmmmm,,,,just like I said......CMKX was recognizing him as "proper" for Eton.
Dosen't matter what anyone's DD says,,,,only what CMKX files.....I said why is Eton mentioned under Edwards in the suit,,,,but not named in the Amendment.
U never at any time name/exclude one person if u even think they're involved....u name'em every time or it could bite u in the azz.
But,,,,this does maybe bring up a whole bunch of other questions....even though we've all seen the "Eton" and "Edwards" stuff posted for the longest.
But let's look at the Lis Pendens from another angle....
" It should be noted that when a party places a Lis Pendens upon another person's real property they must give written notice to the party owning the real property that they have placed a Lis Pendens on the property. If said notice is not given, it provides another ground for expunging the Lis Pendens, although the party placing the Lis Pendens can go back to the drawing board and refile the Lis Pendens and properly serve the owner of the property, notifying the owner of the existence of the Lis Pendens. It is important to understand that if you receive notice that a Lis Pendens has been placed on your property, by Certified Mail or otherwise, that you should immediately bring it to the attention of your attorney so that your attorney can take appropriate action."
So,,,,is "Desemorue" saying.....i'am NOT the owner??,,,so expunge this.He obviously plays a role in this being he's the one who filed.And keep in mind,,,,he's reping himself....and i guess still?? lol
But,,,,agree or not with that.....it'll get Expunged if CMKX dosen't show different and my point of you name Edwards will have been proven.BUT,,,i'd persoanlly be PISSED if this happens for the obvious reasons alot of others would be ticked too.......yea,,,CMKX could do over,,,,,but that should be an absolute uncalled for at this point for "us".
And one other thing.......will they motion for a Bond from CMKX for the Lis Pendens???
" For example, counsel may want to ask for a large bond amount based on the value of the property, or at least the amount of the client’s equity in the property, plus attorney fees and costs in defending the action. Counsel may want to include in the filing a declaration by the client stating the amount of equity and an opinion of fair market value, perhaps using a realtor or appraiser to testify about fair market value. Counsel can argue that the Court should award the amount of the equity plus attorney fees and costs as the amount of the bond because the client is prevented from using the equity while the lis pendens is on record.
Strategic Uses for the Motion
" One useful aspect is that counsel can test an opponent to determine how serious the plaintiff/claimant is about the case. Does the plaintiff/claimant really want to try the case, or is the party seeking a quick monetary settlement? Does the claimant really have a valid claim that could prevail at trial, and that the claimant is willing to preserve by posting a large bond?
The Motion potentially forces the plaintiff/claimant to incur a large financial burden if the bonding surety company requires that the bond be secured by the claimant’s assets, or if the claimant must produce significant cash to purchase the bond. The cost of purchasing the bond may make the pending lawsuit untenable for the plaintiff/claimant. If counsel prevails in the Motion and the claimant does not post the bond, the Notice of Pending Action is expunged automatically by operation of law, without further hearing.
Counsel should bring the Motion early in the case, because the plaintiff/claimant may withdraw the underlying action if Court expunges the Notice of Pending Action. If the Court grants, the plaintiff/claimant bears substantial risk that the defendant will refinance or sell the subject property prior to trial."
iyyiyyiieee....lol
Chris
24 Mar 2008, 05:18 PM EDT
Msg. 691134 of 691158
Jump to msg. #
Desormeau files to "Expunge" Lis Pendens...
03/20/2008 CERTIFICATE OF MAILING OF MOTION TO EXPUNGE LIS PENDENS 03/18/2008
For All Parties
Filed By Desormeau, Dave 1 page
Hmmmm,,,,just like I said......CMKX was recognizing him as "proper" for Eton.
Dosen't matter what anyone's DD says,,,,only what CMKX files.....I said why is Eton mentioned under Edwards in the suit,,,,but not named in the Amendment.
U never at any time name/exclude one person if u even think they're involved....u name'em every time or it could bite u in the azz.
But,,,,this does maybe bring up a whole bunch of other questions....even though we've all seen the "Eton" and "Edwards" stuff posted for the longest.
But let's look at the Lis Pendens from another angle....
" It should be noted that when a party places a Lis Pendens upon another person's real property they must give written notice to the party owning the real property that they have placed a Lis Pendens on the property. If said notice is not given, it provides another ground for expunging the Lis Pendens, although the party placing the Lis Pendens can go back to the drawing board and refile the Lis Pendens and properly serve the owner of the property, notifying the owner of the existence of the Lis Pendens. It is important to understand that if you receive notice that a Lis Pendens has been placed on your property, by Certified Mail or otherwise, that you should immediately bring it to the attention of your attorney so that your attorney can take appropriate action."
So,,,,is "Desemorue" saying.....i'am NOT the owner??,,,so expunge this.He obviously plays a role in this being he's the one who filed.And keep in mind,,,,he's reping himself....and i guess still?? lol
But,,,,agree or not with that.....it'll get Expunged if CMKX dosen't show different and my point of you name Edwards will have been proven.BUT,,,i'd persoanlly be PISSED if this happens for the obvious reasons alot of others would be ticked too.......yea,,,CMKX could do over,,,,,but that should be an absolute uncalled for at this point for "us".
And one other thing.......will they motion for a Bond from CMKX for the Lis Pendens???
" For example, counsel may want to ask for a large bond amount based on the value of the property, or at least the amount of the client’s equity in the property, plus attorney fees and costs in defending the action. Counsel may want to include in the filing a declaration by the client stating the amount of equity and an opinion of fair market value, perhaps using a realtor or appraiser to testify about fair market value. Counsel can argue that the Court should award the amount of the equity plus attorney fees and costs as the amount of the bond because the client is prevented from using the equity while the lis pendens is on record.
Strategic Uses for the Motion
" One useful aspect is that counsel can test an opponent to determine how serious the plaintiff/claimant is about the case. Does the plaintiff/claimant really want to try the case, or is the party seeking a quick monetary settlement? Does the claimant really have a valid claim that could prevail at trial, and that the claimant is willing to preserve by posting a large bond?
The Motion potentially forces the plaintiff/claimant to incur a large financial burden if the bonding surety company requires that the bond be secured by the claimant’s assets, or if the claimant must produce significant cash to purchase the bond. The cost of purchasing the bond may make the pending lawsuit untenable for the plaintiff/claimant. If counsel prevails in the Motion and the claimant does not post the bond, the Notice of Pending Action is expunged automatically by operation of law, without further hearing.
Counsel should bring the Motion early in the case, because the plaintiff/claimant may withdraw the underlying action if Court expunges the Notice of Pending Action. If the Court grants, the plaintiff/claimant bears substantial risk that the defendant will refinance or sell the subject property prior to trial."
iyyiyyiieee....lol
Chris
