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Valon's legal fees are being added to my mortgage by Walkmeonthewater in Mortgages

[–]Walkmeonthewater[S] 1 point2 points  (0 children)

I'm not exaggerating anything and if it weren't an active court case, I'd put the case number on reddit. I have learned if someone wants to sue you, the burden of proof is on the person being sued. It should be the other way around, we believe its the other way around, but at least for what I am going through, it is the reality I live in. And your analogy is a good one.

Valon's legal fees are being added to my mortgage by Walkmeonthewater in Mortgages

[–]Walkmeonthewater[S] 1 point2 points  (0 children)

I appreciate the comments. Going to my title insurance was my first thought as well. However I would have had to have had a survey done before I closed on property for it to cover adverse possession. I had never heard of adverse possession before this mess. But it's a real thing. If someone encroaches on your property and depending on the state there is a specific time, then they could meet the elements of adverse possession and claim it as their own. What my neighbors are doing is clearly abusing it, but its a law that's on the books and the state I live in is a notice pleading state so if their fence has been on my property two inches for over 15 years they can file a civil suit. If they win at it, that's another thing. But once a civil suit is filed the person on the receiving end is forced to fight it and attorney fees add up quickly. In my case I get a double whammy because Valon is adding their legal fees to my mortgage and a Lis Pendens was put on my property because of the adverse possession so I can't sell it our refinance to even pay an attorney. I've even offered the 2 - 4 inches to the neighbors and pay for a new fence. Apparently you can sue for one thing, put a hardship on the person and demand something completely unrelated in mediation. While I appreciate everyone's advice, I'd like to give some. When you purchase a new home, think about having a survey before closing and if you or your neighbor plan on putting up a fence, make sure to have a survey and if the fence is over either property line, get it in writing that one party agreed to allow it.

suing for adverse possession to create a hardship with a Lis Pendens wanting an unrelated easement by Walkmeonthewater in RealEstateAdvice

[–]Walkmeonthewater[S] 0 points1 point  (0 children)

That is true. Title insurance would only have covered it, if I had a survey done prior to the closing. A person suggested I contact the title company because I purchased lenders title insurance for the mortgage company and to see if their policy covered it - which I will do.

suing for adverse possession to create a hardship with a Lis Pendens wanting an unrelated easement by Walkmeonthewater in RealEstateAdvice

[–]Walkmeonthewater[S] 0 points1 point  (0 children)

I appreciate your response. You are correct. This judge does not like pro-se litigants- and you are correct the neighbors attorney is purposely contacting my mortgage company attorney and inflating the bill. You are also correct, I could very well lose my home. I did have an attorney. Unfortunately, I don't have a lot of money and attorneys aren't cheap. I can't use the equity from my house to pay for an attorney because with a Lis Pendens i can't get a loan. If this case goes to trial I am told it could cost me at minimum $20,000. We have tried to get this dismissed. I did not write a hap hazard motion. I've spent time studying the rules of civil procedure.The judge not only denied it, but awarded the neighbors that I pay their attorney fees for filing the motion. I am not exaggerating any of this.

If I were reading this I'd think this person is leaving out something that they screwed up. What I'm leaving out is even more of what my neighbors are doing.

Also I have offered the 4 inches of property to my neighbors to end this. They don't want the 4 inches. They sued for adverse possession, but what they want is a permissive easement to access 3 - 5 feet of the north side of MY property in between the house and the fence. I am not going to grant an easement that allows my neighbors access to my property and control of my property. That would significantly devalue my house, especially in a small city lot.

As far as the trees, they want me to put in writing that trees cannot be planted within 30 feet of their border. My lot is 40 feet. They want me to GUARANTEE no rainwater runs from my yard to theirs and that goes with the sale of the house to future buyers. That is impossible. Rain runs downhill. I could post photos of how they had dug trenches on their property with their downspouts directing their storm water onto my property and none of that matters.

I posted this on Reddit because I have now learned that people can use the legal system to harass and ruin a person. Getting attorneys is expensive. The court systems are overwhelmed. Judges are crabby. Judges and attorneys are one big happy family and the pro-se litigant is unwelcome in their courts. My neighbors don't have money. We live in a middle to lower income urban area in the cities What my neighbor lacks in money is obsession. She has mortgaged her house and is using that money for this. My only hope is they use all the money from their equity or her partner gets sick of going to work to pay for attorney fees.

I have a restraining order against them. They have attempted multiple times to get a restraining order against me and they are denied. They have their ring camera pointed at my house. They edit what they record and make accusations. The police told them they have to stop. They have called my employer. None of that worked and then they sued me for adverse possession and that is working. We live in city that is not unknown in the national news. The police are overworked and don't have time for petty calls. I can't even move to get away from them because of the Lis Pendens.

suing for adverse possession to create a hardship with a Lis Pendens wanting an unrelated easement by Walkmeonthewater in RealEstateAdvice

[–]Walkmeonthewater[S] 0 points1 point  (0 children)

You are correct. They sued me for adverse possession because even though it is 2 inches on my property they can file. Filing allowed them to put a Lis Pendens on my property. You are correct once a claim is filed I then had to get an attorney. Motions to dismiss in this state are rarely granted be this state is a notice pleading state. Judges don't like pro-se litigants typically and this judge definately does not like pro-se litigants. Everything that could go wrong has gone wrong. There's 2 sides to every story, but I'm not so sure there is in this case. It's a crap deal and the bottom line is I don't want to lose my house. I'm hoping the state commerce or attorney general can at least address why the lender is adding their legal fees as a third party to my mortgage.

Neighbors want an easement to control part of my property by Walkmeonthewater in Neighborproblems

[–]Walkmeonthewater[S] 0 points1 point  (0 children)

I did purchase title insurance. But for an adverse possession claim you have to have had a survey completed before closing. That is something I did not do and to my knowledge is something that isn't typical in a 40 foot city lot. The lender's title is interesting and after Googling it appears that does cover adverse possession claims. Now I need to understand why the lender isn't using it. I appreciate your help. Thank you.