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Sale proceeds on home in Jacksonville, NC

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Location: Jacksonville  |  Law type: mediation services
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  • I am looking for a local atty to assist me in a mediation hearing in 2 weeks concerning lien holders.
  • I bought a new home in JAX in 1978 with ex-spouse, Esther, who I subsequently filed a California
  • lawsuit and rec'd a $11.5 million JDGMT in August 2011 (3 day trial) -appeals final June 2013. 
  • On 12/7/11, her CA attys (Gaston Law Firm) disobeyed the CA trial court by placing a lien on the
  • property for $90,000. My former NC attys would not file my JDGMT until final. Esther Passed intestate
  • in CA on November 25, 2013 w/o being served the NC case.
  • I have spent some $60K to pay off taxes, foreclosures, grass liens, new roof, trip, maintenance, attys ... etc
  • My 3 daughters from my marriage w/Esther and the lien holder, Fred Gaston, all quit claimed to the new buyer.
  • The $73,000 sale proceeds r n a JAX CT-battle between Gaston & me. Can you help?.

 

 

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Fraud and cheating by landscape contractor.
3 years 8 months ago, mediation services, Brentwood

Legal Solution

The response provided below is specific to mediation services in the jurisdiction of Jacksonville. If the response is inadequate, please submit a detailed inquiry.

Legal Complexities of Property Liens in Jacksonville, NC

Analysis of Your Situation You purchased a property in Jacksonville, NC, in 1978 and subsequently acquired a large judgment against your ex-spouse. Following this, a lien was improperly placed on your property by the Gaston Law Firm, representing your ex-spouse. After her passing and multiple legal challenges, the sale proceeds of the property are now in dispute between you and the lien holder. Despite numerous personal and financial sacrifices, you seek rightful access to the sale proceeds.

Relevant Legal Provisions in Jacksonville, NC:

Potential Solutions:

  1. Mediation with Lien Holder: Given your interest in mediation, engage in structured negotiations through an experienced arbitration and mediation attorney to settle the dispute over the sale proceeds. Mediation often results in quicker and less adversarial resolutions.
  2. Challenge the Lien: If the lien was improperly placed, you could challenge its validity in court. However, this could be a lengthy process, especially considering your prior experiences with the property.
  3. Negotiate a Settlement: Outside of formal mediation, you could also directly negotiate a settlement with Mr. Gaston, which could be advantageous if both parties are open to compromise.

Average Legal Costs in Jacksonville, NC:

Legal Service Average Cost
Mediation services with a licensed attorney $2,500 - $5,000
Challenging property lien in court $4,000 - $8,000
Direct negotiation services $1,500 - $3,500

Note: These prices reflect average costs in Jacksonville, NC. Rates might vary depending on the attorney's experience and complexity of the case.

Need More Information?: Understanding your situation in its entirety is crucial to provide the best possible guidance. Would you be able to provide any additional details or documents relevant to your case?

Next Steps for You:

  1. Document Everything: Ensure all related documents are organized, including your judgment, the lien placement, and any correspondence with the involved parties.
  2. Seek Legal Counsel: It would be beneficial to find the right lawyer with experience in property liens and mediation.
  3. Stay Proactive: Given the impending mediation hearing, act promptly to ensure you have the best representation and preparation possible.

Q1: Can a California judgment be enforced in North Carolina?

Yes, out-of-state judgments can be domesticated and enforced in North Carolina after undergoing a specific process outlined by state statutes. It's important to work with an attorney familiar with this procedure.

Q2: How long does the mediation process typically take in Jacksonville, NC?

Mediation can vary in length, but many cases are resolved within one to three sessions. However, the complexity of the case can extend this timeframe.

Q3: If the lien is proven to be improperly placed, can I recover legal costs?

In many situations, if a lien is determined to be improperly or maliciously placed, the party responsible can be held liable for related legal expenses.

Q4: What happens if mediation fails to resolve the dispute?

If mediation does not result in a resolution, parties typically proceed to litigation or seek alternative means of resolution.

Q5: Are there any statutory limitations or deadlines I should be aware of?

Yes, every legal action has its own statute of limitations. It's crucial to consult with an attorney to ensure you're acting within any applicable timeframes.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Sale proceeds on home in Jacksonville, NC" has been changed 10 months 2 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Jacksonville & area of law: mediation services.
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