The problem: An individual who had been occupying a woman’s property (with her consent) refused to vacate the property after she died, claiming an undocumented ownership interest. This claim prevented the personal representative from being able to sell the property. In addition, the occupant had significantly diminished the value of the property during his occupancy.
Our solution: We commenced an ejectment action and requested sanctions against the occupant for pursuing a defense and counterclaim that had no evidentiary support, but was designed merely to delay the unavoidable outcome.
The results: The court ordered the occupant ejected and allowed our client to recover the property’s diminished value from the occupant.