If an eviction case was won but the notice to vacate was not served, can it still be served 3 months later or does the person go back to court again?

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If an eviction case was won but the notice to vacate was not served, can it still be served 3 months later or does the person go back to court again?

We have been living in a house for over 15 years that was given to us by my husband’s mother. 3 years ago it was put in a trust to protect it from creditors. Mom died a year ago and her last wish was that our house be taken out of the trust. It was not; it is a trust property. My husband is 1 of beneficiary’s of the trust. His sister is the Trustee. Then 3 months ago she went to court to have us evicted. At the same time we filed for quiet title and to have her removed as the trustee. She won the eviction but did not serve the notice for us to vacate. We are still on the property andhave a lis pendens filed.

Asked on August 23, 2011 Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you lost an eviction case concerning the property that you are staying in but have yet to be served with the notice of eviction, you do not need to leave the property yet. The order is valid but has no effect since you were not served with it. The person who obtained the eviction order does not need to go back to court for another order based upon what you have written.

You mention in your question that there is a lis pendens filed by you concerning the property which I presume arose out of a quiet title action filed by you in a matter entirely unrelated to the eviction proceeding. If this is so, it is probably a good idea to have a motion filed in the quiet title action seeking an injunction as to any eviction order pertaining to you and the property "staying" its enforcement to maintain the status quo of the situation.

If you have an attorney representing you on the quiet title action, defer to his or her judgment regarding my suggestion. If you do not have an attorney representing you, I suggest retaining one versed in real property matters.

Good question.


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