Missouri
This is kind of a mess, and rather long so here goes.
LR owns a bar in small town, LR sells bar to LU, they have contract, typical contract for purchase of a business. LU makes her payments every month and is nearing pay off, when she has financial trouble and tries to "resell" bar to DH. DH then takes over payments, and they have a "contract" for DH to pay LU a sum every month, and also for DH to pay LR (original owner) a payment every month with the balance of entire note being due on said date. Date comes when balance is due, and DH does not, now LU says their "contract" is void. LU attempts to take back over possession of the bar, and DH has a temporary restraining order and injunction place against her so she is not able to get back into the business and operate. Now LR is aware of all that is going on, but is pretty much staying out of the whole mess. Finally yet a 4th party, an LLC comes in and pays off bar and takes ownership. Problem is..LLC owner, or organizer is LU's daughter. Stated in restraining order against LU is that none of her agents, employees, blah blah can interfere with the business. Now daughter has purchased business, not for mother, for herself and plans on operating business. DH has a padlock on building, and LLC has sent several notices telling DH the business has been purchased and he is to leave, he was given 30 days and we have yet to get a response. My question is this: is the LLC breaking the law by going ahead and forcibly removing his lock and taking over premises? I know I have probably left some vital details out, so please ask, I really need some idea of what the law is on this second, third, fourth, selling deal.
PS.....LR did sign warranty deed selling property to said LLC.
This is kind of a mess, and rather long so here goes.
LR owns a bar in small town, LR sells bar to LU, they have contract, typical contract for purchase of a business. LU makes her payments every month and is nearing pay off, when she has financial trouble and tries to "resell" bar to DH. DH then takes over payments, and they have a "contract" for DH to pay LU a sum every month, and also for DH to pay LR (original owner) a payment every month with the balance of entire note being due on said date. Date comes when balance is due, and DH does not, now LU says their "contract" is void. LU attempts to take back over possession of the bar, and DH has a temporary restraining order and injunction place against her so she is not able to get back into the business and operate. Now LR is aware of all that is going on, but is pretty much staying out of the whole mess. Finally yet a 4th party, an LLC comes in and pays off bar and takes ownership. Problem is..LLC owner, or organizer is LU's daughter. Stated in restraining order against LU is that none of her agents, employees, blah blah can interfere with the business. Now daughter has purchased business, not for mother, for herself and plans on operating business. DH has a padlock on building, and LLC has sent several notices telling DH the business has been purchased and he is to leave, he was given 30 days and we have yet to get a response. My question is this: is the LLC breaking the law by going ahead and forcibly removing his lock and taking over premises? I know I have probably left some vital details out, so please ask, I really need some idea of what the law is on this second, third, fourth, selling deal.
PS.....LR did sign warranty deed selling property to said LLC.