Fraudulent Eviction Rights and Fraud in Making a Contract

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Latest post 11-17-2010 11:11 AM by DrCharbonneau. 21 replies.
  • 10-15-2010 2:17 PM

    Fraudulent Eviction Rights and Fraud in Making a Contract

    My situation:

     

    This is Anderson, Indiana...

    I am a scientist who works out of his home, independent of any university. In 2003 I entered into a land contract to purchase an old house from a fellow. We agreed that I could move right in, no down payment and I was to create the prototype contract. He was to take the contract to an attorney and have it worded properly and modified to be legal. I did my part. The fellow claimed to have had an attorney rewrite the contract, but instead had his boss at work do that. He returned me basically the same contract with basically the same terms. The woman who had fixed the contract wrote a couple words in the upper corner of the contract, but her name was not revealed till later when I ended up suing the fellow. It started by him failing to perform. We agreed the contract still needed changes. I offered to make them. He said he'd take care of it (in those words) but never did. I said I would, so started making the payments as though we had signed it. He never brought a contract back. Later, in 2008, he sued me for possession, got a court order for one, but failed to serve it within 30 days. He didn't go back to court and have a new hearing as the small claims trial rules spell out. Instead he came back with an eviction order served over 2 months later. He forced me out, changed the locks and I sued him for fraud. I have 2 mechanics liens for all the improvements I made to the property and these have not been released as of yet by me or by the court.

    I did not have any knowledge that there were a separate set of trial rules for small claims then, but during a search, they came up in Google. I was scammed in a bogus eviction. My question is, now that I know the eviction was improperly processed, do I have the right to go back in and take possession again? The house is still empty. He kept all my appliances and they are still in that house. The power is still on in my name.

    The police want me to get some attorney's answer to this before they say its okay to drill out the changed lock and enter again.

     

    Dr. C.

  • 10-15-2010 3:04 PM In reply to

    • Drew
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    Re: Fraudulent Eviction Rights and Fraud in Making a Contract

    Landlords lay comments:

    You have made enough mess of this with homebrew deals and its only going to get worse . With copies of all paperwork in hand a good RE or contracts lawyer can probalby sort out where you are in very short time (not free)  --how to fix it may take longer.

     

    My guess is the terms of the earlier written deal executed by both sides stand

    To the extent you can claim this was a residential rental the rules as to evict of tenants are often very tenant friendly  and your post sure reads like he failed to properly evict you which leaves your right to be there intact--but before you go openly drilling out locks--get a input from skilled counsel on  big picture.

    The police don't make OK decision--they try to avoid conflicts--and you want to avoid a trip to jail for breaking and entry or defiant trespass..even if you get out 4 hours later ....



  • 10-18-2010 2:31 PM In reply to

    Re: Fraudulent Eviction Rights and Fraud in Making a Contract

    Thanks for the opinions, Drew.

     

    Actually since I wrote the launch post, I talked with the Deputy that serves the evictions. Mishandled, mis-processed and such is a tradition here in Madison County it seems. I'm talking to the Anderson Police Department about this and an investigation is finally beginning. The problem is that I'm a pro se who has enough brains to fathom the legal system and read trial rules, both state and local, then assess that what has occurred is "official misconduct" on the part of the deputy and "solicitation of [such] a felony" by the attorney. Luckily for the judge, he died of a heart attack last year, so we can't go after him on this issue, but someone used that stamp and violated the small claims trial rules in doing so... and my 14th amendment rights to due process.

    Yes, it's a mess. Yes, it will likely get worse before it gets better. The good thing? I'm resourceful. I just don't have the money to plunk down on an attorney. If the attorney took the case on contingency, I think he'd walk away with 20 or 30 thousand dollars. That's just considering the equitable title issues, basic and punitive damages. If we include the fact that the fellow interrupted my research that had the potential of saving over 14,000 deaths from H1N1 and also save the lives of many soldiers in Iraq and Afghanistan, the loss of business income is staggering. Now we are faced with NDM-1 superbugs entering the states at airports. This same invention could keep that from becoming potentially the worst pandemic we have ever seen. NDM-1 is not a virus that directly affects the body. It changes what is called the "conformation" of another virus, such as H1N1, salmanella, e-coli or (God forbid) e-bola. The bacteriums morph into something that our antibiotics can't fight. In 2007 I was so close to having a prototype. Now I'm still a year away from having my research back on track. That fellow (who is an ultrasound technician) and his boss, who was his accomplice in the fraud, (she's an RVT) flushed a lot of lives down the toilet because of greed and negligence.

     

    What I was hoping for from this site was (and still is) some kind of statement from perhaps an attorney on board, that yes, my rights were violated and that no judge or court personnel has the right to use a judge's stamp to circumvent the triaql rules and due process.

     

    Thanx again,

     

    Dr. C.

  • 10-18-2010 3:25 PM In reply to

    • Drew
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    Re: Fraudulent Eviction Rights and Fraud in Making a Contract

    Landlords guess:

    If the eviction was stale and the LL used a state eviction in a sesne to lock you out I'd think your recourse is two fold--to squash/set aside the eviction notice  and to sue LL for  damages/costs due to an improper lockout.

    In a sesne if I toss you using an expired order I have tossed you w/o due process.

    You may be able to  re-enter the premises on theory your rights of possession were never properly terminated--but be careful lest you sit in cooler .



  • 10-18-2010 3:54 PM In reply to

    Re: Fraudulent Eviction Rights and Fraud in Making a Contract

    Nobody here can advise you that you should potentially go commit the felony of burglary.

    The normal rule is that court orders are binding, period, once final.  Your lack of knowledge of the court rules, procedures and law doesn't work in your favor.  If you represent yourself you are normally held to the standard of an attorney.  If you didn't appeal, your avenues for relief are very limited and based in state law.

    Appliances - Likely have to sue him for those.

  • 10-21-2010 11:40 AM In reply to

    Re: Fraudulent Eviction Rights and Fraud in Making a Contract

    I pretty much expected no advisement would be possible. Surprisingly, I've been becomeing more acquainted with the trial rules, Indiana and Madison County. What I'm planning to do is go with whatever the police agree to uphold. Pretty much, Ford, what you are telling me I already know. I really wish I could find a lawyer who would take over the cases I have filed against these people and some others too. Most I've talked to don't have anything to make their own testosterone...

    Drew, I plan to contact the Attorney General about it all. Yes, I should be able to take possession back, but I won't unless the police say they will honor my rights to do so. The whole mess is dripping wet with Official Misconduct. I plan to take that issue as far as I have to. This guy and his accomplice in fraud should be in jail right now or out on bond. The prosecutor won't do anything because the guy has a "good old boy" surname. He should be arrested for nonfeasance if not malfeasance. President Obama has signed a bill to stop exactly this kind of thing. What do we have to do to get our civil rights upheld?

  • 10-21-2010 1:35 PM In reply to

    • Drew
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    Re: Fraudulent Eviction Rights and Fraud in Making a Contract

    I doubt you'll get any useful response from AG. And most of your local drama is simply NOT useful and is a distraction . And police will probably NOT issue any sort of green light to reenter --and would be unwise to do so!

    One hour+  (paid) with ALL your paperwork and a good attorney skilled at eviction issues in your state may put you into correct  posture with high accuracy!If you want attorney to hold your hand and he /she does it--it will be MORE!

    I simply have no good clue as to if the eviction was legally a stale move or not in your state.

     

    In my state if I get an eviction order and fail to move it forward, I cannot properly just sit on it for say 90 days then just go toss you--but I never sat on one long enough to sort out the exact issues of being stale .  And I alone cannot just go lock you out even with an order--I must use peace officer (constable) to do the physical removal and then I change locks.

    I think your LL blew it--but that easy is  tosort out with paid local counsel.

    And youmay have different problems/options if yours was some sort of contract for deed .

    Your way--you'll still be posting here come next May.

     



  • 10-26-2010 11:27 AM In reply to

    Re: Fraudulent Eviction Rights and Fraud in Making a Contract

    It is much like it is in your state. Yes, there was a contract for the deed. Yes, it is stale. A land contract is about the same as a mortgage, only the seller (grantor) holds the financing.

    There was a case in Arizona recently where a family found out they were improperly depossed of their home. Once they found out an attorney told them to go back. They did and were not arrested.

     

    My problem with lawyers is this: They believe they are they only ones capable of understanding the law, codes, cases, precedents, trial rules, etcetera. They charge an enormous fee to treat you as though you are ignorant. I didn't become a doctor as Quantum Nuclear Relativistic Astrophysicist by being stupid. I didn't learn to design and build machines without a lot of book work and practice, still, when someone is asking me questions about engineering and physics, my sense of ethics demands that I help them. Someone who fails to do this fails their own profession. I find it disgusting when there has to be an ambulance involved before an attorney will decide to do some work...

     

    Dr. C.

  • 10-26-2010 11:50 AM In reply to

    Re: Fraudulent Eviction Rights and Fraud in Making a Contract

    DrCharbonneau:
    I didn't learn to design and build machines without a lot of book work and practice, still, when someone is asking me questions about engineering and physics, my sense of ethics demands that I help them.

    That's fine.

    But do you design and build those machines for free?

    And if I came to you and said "Show me how to build one so I don't have to hire you to build it for me"?

    DrCharbonneau:
    Someone who fails to do this fails their own profession. I find it disgusting when there has to be an ambulance involved before an attorney will decide to do some work...

    That's a vary naive approach to the issue.

    Do you go to the baker and ask "How do I make bread so I don't have to buy yours?"

    Do you go to the auto mechanic and ask "How do I fix my car so I don't have to pay you to do it?"

    Do you go to the doctor and ask "How do I take out my appendix so I don't have to pay you to do it?"

    If you have questions about law you either pay a lawyer or you go to a law library and look it up.

    It ain't rocket science.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-26-2010 11:51 AM In reply to

    • Drew
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    Re: Fraudulent Eviction Rights and Fraud in Making a Contract

    Look, I too have a pile of degrees from some of the nations top institutions and previously designed some classified complex nuclear missile devices  ---but a greenhorn lawyer  can outrun me with his state  rules on his local  ball court--and blow me away over some rule I forgot to read.( And I've been there!)  And the rules of AZ have NOTHING to do with the rules of Indiana  Yes, as to matters of law you are WORSE than ignorant  IF some knowledge is a barrier to the correct knowledge

    Like yourself I'm inclined to do my own work--but I don't perform my own surgery  and for a matter I don't litigate cases that really matter to me.  I'll litigate routine  L-T matters and win most of them--but I know where not to tread.

    You are on turf where it is most unwise to do your own treading. And a fee of $250-350 hr is not uncommon for legal expertise--now if you don't want to listen for 2 hrs but want to second guess and debate for 8 hours I'm sure many a lawyer will be glad to bill you for 8 hours of work.  And I'd not be surprised if a land contract gone bad is 30 hours of work to address W/O a lot of second guessing.

    Your post suggests you have victory within your grasp as to steps the seller bungled --but the devil is in the details and quite frankly neither you nor I are up on the details of IN land contracts and matters of notice and stale notice. Odds are if seller tossed you via a stale notice or improperly served notice the termination of your rights as a tenant  is ineffective --but so far that's mere speculation.

     



  • 10-26-2010 12:46 PM In reply to

    Re: Fraudulent Eviction Rights and Fraud in Making a Contrac...

    Really? You come asking for information from lawyers and then you insult us all??

    Personally, I do not need any testosterone. The only legal action I see from what you have said is fro the return of your appliances. You chose to go into court without the facts - you do not get a do over because of that. There was no need for an attorney to be involved in the drafting of the contract, so all of that is irrelevant.

    If you cannot find an attorney to take you case it is generally because (a) you do not have a viable case or (b) you are not willing to pay for the attorney and only want it on contingency.

  • 10-26-2010 12:49 PM In reply to

    You are out of line

    You were apparently not smart enough to figure out the rules in small claims court. That is not the fault of the legal profession.

    Since you are so much smarter than all of us why on earth waste time hiring a lawyer?

  • 10-31-2010 2:43 PM In reply to

    Re: Fraudulent Eviction Rights and Fraud in Making a Contract

    ----------------------------------------------------------------------------------

    But do you design and build those machines for free?

    And if I came to you and said "Show me how to build one so I don't have to hire you to build it for me"?

    --------------------------------------------------------------------------------------------------------------------------------------------------------------

    Actually I give out free teaching all the time when asked. I help others online with just about any question they might ask. More in the field of astrophysics now than engineering.

    There's a big difference though. Lawyers take an oath that states they will not hold out legal help for an individual's inability to pay. The problem I depicted above has left me practically indigent. If I could afford an attorney I likely would pay a retainer, but all I can offer is contingency. Till then I have to DIY these cases.

    In answer to your question, I'd probably look at your situation. If you were not affluent and had an idea, if I had the free time I'd help you. If I thought it was a real good idea, I might do the work for a share of the profits, design the machine and perhaps help you source an investor or develop a marketing scheme.

    Now, if you came at me with such a snide approach as I quoted you as having, I'd likely turn you down. Mostly, though it would depend on what I felt was ethical.

    It's about the same for a doctor. A doctor is truly supposed to realize that if someone has had a run of bad luck that he shouldn't be adding to it by refusing treatment. Most I've seen don't live up to the Hippocratic Oath.

  • 10-31-2010 3:37 PM In reply to

    Re: Fraudulent Eviction Rights and Fraud in Making a Contract

    I think you are believing your own delusions of grandeur.  In one post you claim to be doing research out of a dilapidated under renovation old home into H1N1, germ warfare in Iraq, and other super bugs.  Then later on you claim to be an "doctor as Quantum Nuclear Relativistic Astrophysicist" and that you are "more in the field of astrophysics than engineering now," so which is it?  Are you a bioscientist working out of your basement or an astrophysicist?  The fields are completely unrelated to each other and I don't know of ANY government agency or university research center that is going to pay a scientist to do research like that out of their home.

    Second:  you apparently stopped paying your rent/mortgage at some point and lost the house.  You were evicted and now seek to undo it but wish to do so without legal assistance.  I would gather that since the eviction the 30 day window to appeal has lapsed and what ever money making scheme you think you have via the courts is dead in the water as the ability to appeal is forever closed.

    "A doctor is truly supposed to realize that if someone has had a run of bad luck that he shouldn't be adding to it by refusing treatment."

    I don't know where you got that idea but if a patient can't pay there are indigent clinics but private practice physicians are under no obligation to treat any patient who cannot pay.  Even if the physician realizes they had a "run of bad luck."  One has nothing to do with the other.  This is apparently the rationalization you are using to justify that you can't and don't want to pay a lawyer to represent you.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 10-31-2010 3:45 PM In reply to

    Re: Fraudulent Eviction Rights and Fraud in Making a Contract

    AND on the other site you posted this on you stated this about the owner:

    "I mean the guy runs heavy equipment, i.e. a front end loader, drinks and has threatened to tear the house down. "

    Yet on this thread you claim:

    "That fellow (who is an ultrasound technician) and his boss, who was his accomplice in the fraud, (she's an RVT) flushed a lot of lives down the toilet because of greed and negligence."

    Which is it?

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

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