Irrevocable Sale and Recovery Solution
Carlo Cellai, Esq. Represented a Lawyer Against His Client and After Judgment, Sold Her Summer House at Auction. The Client Was Not Entitled to an Equitable Set Off for Amounts Above the Judgment
Carlo Cellai, Esq. represented a lawyer who obtained a $20,000 judgment against his client. When the Judgment became final, Carlo Cellai, Esq. levied and sold the lawyer’s client’s interest in a summer home in Scituate, Massachusetts. When the sale became irrevocable, Carlo Cellai, Esq. on behalf of the attorney filed a Petition to Partition the real estate. At a trial on the partition action, the Court ruled that when the attorney’s interest in the house vested absolute, he became the owner of all of the client’s right title and interest in the house. Ultimately, the house was sold for $350,000. The attorney received one half of the proceeds of $175,000 as his former client’s interest in the house. Carlo Cellai, Esq. turned an approximately $20,000 judgment into a $175,000 recovery.
Massachusetts Lawyers Weekly