my mother gave my sister her house and after my mother passed away she mortgaged it. The house was foreclosed in July '09 and a complaint for eviction was filed against her. I obtained a POA/quitclaim deed to answer the complaint and get the right of redemption. I filed a motion to substitute as successor in interest that was granted by the court. Because I filed the initial answer as POA, all pleadings/complaints filed were stricken from the record and each of us obtained legal counsel. Her attorney filed a one sentence answer and mine filed a motion to intervene and leave to file a complaint in intervention. My sister's attoryney never filed an answer to the amended complaint and later withdrew. My attorney agreed to represent her at no cost to her as all legal expenses are being allocated to me.
My motion to file a complaint in intervention was granted and the plaintiff filed a motion to dismiss that was granted. The plaintiff is not qualified to do business in this state and cannot maintain an action in any court, but my complaint in intervention was dismissed. Now my attorney says he will proceed on her behalf and I can't be substituted as her successor in interest but at a later time he will refile a motion to intervene on my behalf.
If the plaintiff cannot maintain any legal action - which I proved, and the foreclosure is null and void and I hold title by virtue of the quitclaim deed with "all the right, title, interest and claim or demand" in the property, why is my sister the one entitled to damages on the property and title when the quitclaim operated to substitute me as successor in interest to any and all claims to the property? I'm the one that's been fighting this for a year and paying all filing fees and attorney fees. Initially my attorney's said she had a claim for destruction of animals on the property but now says she's the one entitled to the damages and explained that if I bought a house that was damaged from the grantor and grantor had a claim for damages with the insurance company, I would not be entitled to the insurance claim. The fact is, she never made a claim and was willing to let them have it and any and all claims to get my mama and daddy's house back were made by me.