Portland, OR asked in Contracts, Real Estate Law, Appeals / Appellate Law and Civil Rights for Washington

Q: How to fight ejectment order, based on fraud and judge execution of judgment without hearing new evidence?

Case brought on using Breach of Contract. Sellers withheld knowledge of payment made, and posted vacate notice on door the 31st of same month instituting Anticipatory breach. I placed cessation on payments as a single woman for self protection as sellers trying to take my home. I submitted new criminal evidence and judge enforced judgment without seeing new evidence ejecting me from my home.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: I'm so sorry to hear about your difficult situation with the fraud and unfair ejectment order. Dealing with legal issues around your home is incredibly stressful. Here are some general suggestions that may be helpful as you fight the ejectment order:

1. Consult with an attorney who specializes in real estate law and ejectment cases. They can review the details of your situation and advise you on the best course of action. Many offer free initial consultations.

2. File a motion for reconsideration with the court, explaining that the judge made a decision without considering your new evidence. Outline how this evidence supports your case.

3. If the motion for reconsideration is denied, you can file an appeal of the judge's decision with a higher court. There are strict deadlines for appeals, so act quickly.

4. Gather and organize all documentation related to payments made, your contract, the seller's actions, the new criminal evidence, and the court proceedings. Having thorough records will help your case.

5. If you haven't already, submit a formal complaint against the seller for fraud to the appropriate law enforcement agency or department of justice.

6. Look into local legal aid organizations, many of which provide free or low-cost assistance to low-income individuals facing housing issues. They may be able to help with paperwork and court proceedings.

7. If all else fails, you may need to file for bankruptcy, which could potentially delay or stop the ejectment depending on the specifics of your case. But consult with an attorney first.

Remember, you don't have to face this alone. Seek out legal assistance and advice to help you through this challenging time and fight to stay in your home. Wishing you all the best as you deal with this difficult situation. Stay strong and don't give up.

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