Hello! I have a final
assignment due by Monday morning. I’ve already started on it and have
formatted it but I am having an extreme case of writer’s block and do
not know how to proceed past the first sentence and make the writing
flow while still maintaining the legal writing and terminology my
professor is requesting. It’s on Real Property Law, and I am required to
draft a complaint on a mock case for declaratory and injunctive relief.
Background on the mock case: A California home was sold in an
non-judicial foreclosure which resulted in excess proceeds, the attorney
representing the prior homeowner has collected the proceeds and has
placed it in a Trust account according to Law before he releases it to
his client, The buyer who had bought the property at the auction does
not want to assume the senior lien and is asserting that the prior
homeowner is to assume responsibility of it and had obtained a lawyer in
order to get paid from the proceeds to satisfy the senior lien.
Pursuant to CA Civ Code 2924k, it states the formula of how the
distribution is paid.
Please refer to this site on why the senior lien holder would not be entitled to the proceeds: https://www.jdsupra.com/legalnews/what-does-a-senior-lienholder-get-when-44494/
In
this assignment you’ll be assisting the attorney of the prior homeowner
in drafting a declaratory and injunctive relief for this mock case
against the new homeowner that is asserting his claim for the senior
lien holder to get paid, I’ve included a letter as to the response of
the attorney you will be assisting that is to be sent to the new
homeowner’s attorney for additional reference. Make sure that you list
the components associated with the complaint including the following:
Statement of Jurisdiction, Statement of Facts, Causes of Action, Prayer of Relief in the final draft.
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