[JayinGR]

Hey all...I need some input on this..I have posted a link to the thread in DB for everyones view as this pertains to my old house.



These wonderful people have since listed the house for sale.. http://www.pprmi.com

I filed a affidavit of occupancy and I am thinking on filing a Motion for Preliminary Injunction in an effort to stop them from selling the house while we are in litigation.

Does anyone think this is feasible? (sp) = (to many martini's while cooking dinner)

The house has never looked so bad..I used to have a wonderful lawn and tree's and flowers..I hate to see what the inside looks like...

They have the house listed for 7K less then what the bank bought it back for..Although dont tell them that they still claim the bought it for less then 125 eventhough the sheriffs deed states 146961 and some change or something like that.

Someone mentioned filing a notice of lis pendens I dont know what that is...anyone have any input?

Thanks in advance..

Jay

[hannah]

http://dictionary.law.com/default2.a...1172&bold=||||

[FixinThings]

A lis pendens effectively puts a cloud on the title that requires resolution prior to a sale being consumated.

Go for it.

An injunction forbidding them from offering it for sale would require you to show in your filing that you can reasonably be expected to prevail in your suit.... Even if you don't get an injunction, it may just give you a first look at how well your argument will play in court.

[jlynn]

You realize your wife will probably have to file it since you have never had an interest in the house. I would doubt it would hold up to the current owners though. You're problem is with the mortgage company's actions.

[JayinGR]

Jlynn...the mortgage company cant make up their mind if I am on the title or not....DW and I filed suit together...Should we both file this or not?? I am going to type up a MPI this weekend...I havent the slightest how I am going to word it though...anyone have any suggestions?

[jlynn]

Originally Posted by JayinGR

Jlynn...the mortgage company cant make up their mind if I am on the title or not....DW and I filed suit together...Should we both file this or not?? I am going to type up a MPI this weekend...I havent the slightest how I am going to word it though...anyone have any suggestions?

The only one I have is one in Texas...not about to cross state lines with it. Real Estate laws can be complex and vary widely from state to state. What's your hurry? Here its not a Motion, its a Notice. In Texas its a notice that there is an action pending somewhere else that relates to a particular piece of property.

You will need to research some in your state to see what you need to do.

[hannah]

Originally Posted by JayinGR

Jlynn...the mortgage company cant make up their mind if I am on the title or not....DW and I filed suit together...Should we both file this or not?? I am going to type up a MPI this weekend...I havent the slightest how I am going to word it though...anyone have any suggestions?

Your interest in the suit will probably be dismissed as you are not an actual legal party in equity.

[SecretSquirrel]

Originally Posted by hannah

Your interest in the suit will probably be dismissed as you are not an actual legal party in equity.

If they committed libel and defamation and he listed that then he most certainly is. Don't remember off-hand if he did..

SS

[JayinGR]

Yes the counts in the suit are as follows



FDCPA
FCRA
Michigan Debt Collection Practices Act
Michigan Occupational Code
Breach of Contract
Fraud Misrepresentation in a Real Property transaction
Civil Conspiracy
Vicarious Libility
Violations of Michigan foreclosure land contract law (look at M.C.L 600.2005)
Negligent Infliction of Emotional distress
invasion of Privacy False Light
Defamation
Quiet Title
adverse Possesion
Violation of U.S. BK laws

Those are the counts...I fotgot to list RESPA....but I will amend at a later date...

My counts come in on Invasion of Privacy False Light, defamation, breach of contract (as they state I was on mortgage), Michigan foreclosure/land contract law and fraud misrepresentation in a real property transaction.

Those are the counts that relate to me directly as well as DW

Thanks All

[CtrlAltDelete]

I agree with FixinThings - file Lis Pendens. They can continue to offer for sale but likely will never close until your suit is concluded.

[jlynn]

Jay, the owner of the property is now another real estate company, yes? Were they included in the suit? If not they probably do not have a dog in this fight. I mean, if you go thru all this stuff - injunctions, etc., are you prepared to take this house back?

[CtrlAltDelete]

Jlynn you raise a couple of interesting points. Regarding the 3rd party real estate company, who presumably owns the property now, they got title insurance, which will reimburse them for any loss, and/or will have their own claim against Real Estate Company B. Besides it appears to me that they are somehow in bed with Company B – reason – they bought the house within 30 days of Company B’s taking “clear” title – this in a Michigan economy, which has housing prices depressed 10% to 20% below 18 months ago, and the number of sales reduced approximately 75%. So in such a market how is it that Company B manages to sell a property in less than 30 days???? You got it – Blue Light Special – RE “owner” paid substantially BELOW actual market value and you only do that in less than 30 days IF you’re in bed with the seller. OR, the RE company is only a sales agent and Comanpay B still owns the property in which case who cares about the RE agent? IF/WHEN any new deed shows up on the County Records it will be clear if they are just listing or do in fact own. Jay needs to look out for Jay, let the RE people look out for themselves.
Second point – “are you prepared to take this house back?” My perspective – sure he is! I cannot imagine an outcome in which Jay “just gets the keys back and an ‘I’m sorry note’”. Michigan has a triple damages statute on collections abuses. $8,400 in payments [stolen] x’s 3 is $25,600 plus a $1,000 statutory damages, plus costs – not a bad part time job for a year. Or the other extreme – it goes all the way to jury – so Jlynn, you and I are jurors walking back to the deliberation room with 1) $8,400 paid but not credited 2) mortgage NOT in arrears 3) foreclosure started BEFORE Company B “owned” contract 4) validation request ignored 5) pregnant debtor 6) house featured (in picture) in local newspaper article about foreclosure 7) Bankruptcy Orders ignored - I think with these facts even a panel of “sophisticated” consumers will give Jay/MRS Jay a free house. Only challenge is to watch the procedural issues.

[jlynn]

Originally Posted by CtrlAltDelete

Jlynn you raise a couple of interesting points. Regarding the 3rd party real estate company, who presumably owns the property now, they got title insurance, which will reimburse them for any loss, and/or will have their own claim against Real Estate Company B.

Not for something that occurs after the title insurance was issued.

Besides it appears to me that they are somehow in bed with Company B

Not uncommon, and highly likely. Read the add Jay links to, it specifically mentions seller financing.

Jay needs to look out for Jay, let the RE people look out for themselves.

Agreed, but Jay needs to make sure he is including all the players, and not chasing a wild goose - that's the only reason I ask these questions.

Second point – “are you prepared to take this house back?” My perspective – sure he is! ... I think with these facts even a panel of “sophisticated” consumers will give Jay/MRS Jay a free house. Only challenge is to watch the procedural issues.

Assuming that Jay is now suing the titled owner of that house.

Jay needs to be delving and studying thru his state's real estate laws. They can be complicated

[CtrlAltDelete]

Jay's beef is with Company B and the company that handled the foreclosure - on actions BEFORE any title insurance was issured to RE firm.

Why should Jay worry about "all the players"? He has a 1 year statute on his action. Company B's subsequent actions just leave them in a position of saying - OPS sorry we sold house, here's a check for $147,000 does that make you happy? It sure doesn't toll the statute. Don't see any "wild goose" here. It's not about the property owner - then , now or in the future, it's about debt collectors breaking the law.

[JayinGR]

Ok all well I did ALOT of research today and I found this..

Company B owns the house currently....

THE RE agent lists all the houses for Company B as well as other mortgage lenders who foreclose...

Company B is the one to offer the seller financing... http://www.i-sold.com check it out...took a little digging but these bastards dont play nice...

I am working on the Motion for Preliminary Injunction...I got the case law I need off of Westlaw today at the law library and I also got the wording...I also got the wording for the Notice of Lis Pendens which I will post in the next thread...

Please any comments good, bad, neitral...I dont care what they are POST EM POST EM POST EM.......I need this looked at from all angles....

Thakn you everyone for your help

Please see below

[JayinGR]

Notice of Lis Pendens

All persons are hereby notified that the undersigned this day have filed, in The United States District Court Western District of Michigan, a petition alleging violations of various consumer laws as well as violations of Michigan Real Estate Laws. Mrs JayinGR and JayinGR are named as Plaintiffs and the Defendants named are as follows:

<Names of companies and individuals removed at Jay's request by Hedwig>


The property involved or to be affected in these litigation proceedings is:

123 Anywhere St
Somewhere in USA (personal data redacted by Hedwig at Jay's request)

The Legal description of the above property is:

Description inserted here.

The Civil Action number in the above proceeding is xxx-xx-xxxxxxxxx


August 28, 2006 By:____________________________
JayinGR

August 28, 2006 By:____________________________
Mrs. JayinGR

Subscribed and sworn to before me, a Notary Public in and for the above County and State on this_________day of _________, 2006

Seal_________________________ My Commission expires:

[CtrlAltDelete]

Don't see anything below