Can a pending civil suit hold up the sale of a house?

Question

Our neighbor is suing us for violation of CCR's, not asking for money, but an injunction against us and future owners to not have a skateramp, shed, tent, or music studio. I thought what I did in my own home and backyard was my business. The skateramp is gone, but was never in violation of any city codes. We have no music business. the "tent" is a boat cover. and the shed is not covered by CCR's because archetectural committe is defunct now. City says they are not concerned with the shed being too close to fenceline. Plaintiff attorney sent a threatening letter to our last broker and current broker about the suit and will not respond to me about my past requests for meet and confers, does not inform me of court dates and in general is a sleeze. Help. I have been on worker's comp over a year, am low on money, but have been in the court system as a court reporter for over 25 years. thanx in advance/

Answer 1

Yes it can, and anyone who is going to buy a house should do a title search to see if the deed to the house is free and clear. The name Lis pendens is Latin for "suit pending." This may refer to any pending lawsuit or to a specific situation with a public notice of litigation which has been recorded in the same location where the title of real property has been recorded. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should plaintiff prevail in its case. In some jurisdictions, when it is properly recorded, Lis pendens is considered constructive notice to the other litigants or other unrecorded or subordinate lien holders of a pending suit on real property is called a lis pendens. If you are the one buying the house, make sure the title is free and clear of anything. This is the type of thing where the law looks at it as caviat emptor. I hope this helps. Good luck!

Answer 2

Yes it can. And when you live with CCRs, what you do in your backyard is not just your business; you should have read them.

The skateramp, shed, tent or whatever are obvious violations of any CCRs I've ever seen. If there is no music studio, where did this violation come from? Was the shed permitted by the city? If not, you have city building code violations as well. Saying "they are not concerned" is hardly the same.

Remove everything noted in the injunction. Period.

As for an injunction on future residents, I doubt that many people would want a freakin' skateramp in their backyard anyway, but I would fight that part in court if necessary. Seek help from a legal aid organization in your area.

And if you've worked in the court system, you should know the answer to your own question. :-/

Answer 3

I would ask the city council for an appearance opportunity to discuss the statues in question or a meeting with city code administrator. Find out if there is or was any violations. If there are not, then post the letter with editor of your local newspaper with your side of the story. If there was, but is not now. Contact the court clerk assigned this case and ask for a conference with the judge.

Answer 4

Sorry to say it can. It looks as if your neighbors have seen what a defunct architectural committee can do and are reinstating the CCR's. Not so good for you, but I have to say, if you were my neighbor with all that going on, I would have been livid.

Answer 5

I think it can, but given your financial standing you may be eligible for free legal help with an agency that gives that kind of help.

Answer 6

Oh, definitely. Otherwise known as an "encumbrance".

Answer 7

Yes it can