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Old 08-19-2010, 02:33 PM
leeinarizona leeinarizona is offline
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Join Date: Aug 2010
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Default Lis Pendens error?

Arizona Probate Case: (I hope this is the correct section)

Just before my father passed away, he and his wife (second wife) made a family trust. After he passed, his wife gave all the personal property to her children and a few months later started giving away the real property as well. We filed a suit trying to enforce the trust and in doing so recorded a lis pendens on all properties. (Please note my father married his second wife after all children were adults) The wife's children were not raised with us.

We are still in litigation but recently our attorney received a letter from a title company as they are now trying to sell one of the properties. Without notifying us, our attorney released the lis pendens.

Shouldn’t the attorney have asked us if we wanted to release it? Since it is still in litigation, shouldn’t the judge decide this? Could the fact that our attorney released this affect our case?

According to the purchase contract they do not close until October; can this be corrected?

Would appreciate any opinions or suggestions on what we should do.
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Old 08-23-2010, 06:08 PM
moderator moderator is offline
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Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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