HELP! Quiet Title Action Versus Imminent Eviction

[TurnThePage]

Here's a question for JB and Des, and any attorneys that wish to jump in:

So I may have a claim for adverse possession in WA, by occupying a house for 10 years. The owner is trying to evict me. I've filed the Quiet Title Action in state court. What defenses do I have? If the "Landlord" attempts to file a motion to lift the automatic stay, can I file an Opposition to the Motion stating that the property is part of my bankruptcy estate with the pending lawsuit? Also, what happens to property acquired after filing a 13?

In the alternative, is it possible to have an eviction Unlawful Detainer lawsuit consolidated or stayed with the preceding Quiet Title Action? And would this be grounds for an Adversary Proceeding against the Landlord if I legally have claim to the property? This case is complicated and I don't have any money for legal counsel. Any thoughts / insights are greatly appreciated, before I find myself out on the street. Thanks in advance.

[despritfreya]

Quite title/adverse possession/eviction - can't assist on this. Not my area.

After acquired property is property of a Chapter 13 estate. See 11 USC 1306. If the property is not exempt, unsecured creditors will need to be compensated for its value.

Des.

[Backagain]

What I learned in the process of attempting this….. you must meet the criteria of: 1) continuous use WITHOUT the owners knowledge or permission. What were the circumstances if your originally moving in? Was the place apparently abandon and you moved in? 10 years without the owner ever checking on it.?

also, I understand in some states it us 20 years not 10

perhaps you could look this up in your own state’s statutes.

[justbroke]

After acquired property is property of a Chapter 13 estate. See 11 USC 1306. If the property is not exempt, unsecured creditors will need to be compensated for its value.

What Des wrote is the downside to this. If the property is worth $$$ and you owe the unsecured creditors $$$ then you would need to pay that Chapter 7 liquidation value into the plan. So many issues... and I have nothing more than that to say.

[TurnThePage]

Update: so I initially considered an adverse possession claim, but after realizing that I didn't meet the "hostile" possession clause, I filed a Quiet Title claim based on Promissory Estoppel and Part Performance. This was an oral agreement I had with my family to convey land. Turns out I lost the Quiet Title suit but I filed an appeal at the Court of Appeals level.

Being under the barrel of an Eviction Proceeding in 2 days, I had no choice but to settle / stipulate in writing that I would agree to move out in 90 days and drop the appeal.

So my question is whether Bankruptcy can void a Contract / Stipulation Agreement where I relinquish interest in real property before filing. Is my appeal lost forever, or could I file a Chapter 13 which would void the contract (and subsequently reinstate my interest in real property), so I would be free to continue the appeal? I remember something about a "90 day rule" in Bankruptcy about preferences, transfers, etc., and wondered if this also extended to the equivalent of Quitclaim Deeds -- and hence, a litigation settlement relinquishing interest in real property.

Just Broke? Des? I'm assuming my interest in this real property is lost forever.

[justbroke]

Too complex for me.

[TurnThePage]

Hi JB,

Ok, let me simplify this and break it down to the common denominator. Can a Chapter 13 void a pre-petition Contract / Stipulation Agreement where I waive my right to sue? It's my understanding that a Contract where performance remains due on both sides is an Executory Contract. We have the option to reject or affirm such an Executory Contract in a Chapter 13, right?

[justbroke]

I'm saying this as someone who doesn't practice law. Courts generally don't like to muck with contracts. Even in bankruptcy, the contract is still there only the obligation to pay is discharged (for unsecured debts).

I simply can't answer this question. I won't even speculate.

[despritfreya]

. . .let me simplify this and break it down to the common denominator. Can a Chapter 13 void a pre-petition Contract / Stipulation Agreement where I waive my right to sue? It's my understanding that a Contract where performance remains due on both sides is an Executory Contract. We have the option to reject or affirm such an Executory Contract in a Chapter 13, right?

You need to be asking a qualified attorney in your local - one who can review your specific issues.

Des.