What is the name of your state? CALIFORNIA
HOUSE PURCHASED IN 93, IN FATHERS NAME.
AGREED I WOULD REPAY DOWN -WHICH I DID- AND MAKE MORTGAGE PAYMENTS, WHICH I DID, and down the road turn title over to me.
I talked him into remodeling in 2005. We started, had a dispute. I got him to sign a paper stating it was my house and he would turn over title with no compensation except I was responsable for any loans against the house.
first TD due was about 130K, House is now worth about 1.1 Million. He agreed all profits would be mine once first TD and all expenses for remodel were paid off. Then he tried to claim we spent about 850K remodleing. That is absolutely, patently absurd, ludicrous and bizarre. Of course he only used loan amounts. We told him we would only accept actual receipts/cancelled checks.
He agreed to come up with the accounting. He never did. 2005
He tries to evict my family (6 months pregnant wife and 18 month old daughter) and I.2006
2007/2008 jan. we sign an agreement, my family and I would move out, he would fund the finishing of the remodel, and all projects had to be approved by me, and on Feb. 1, we would put the house up for sale. He was suppose to already have the funds, and no further loans were to be taken out against the house.
Once house is sold, I receive 65K, some other monies are dispersed, and then an accounting (professional) is to be done and the profits are to go to me.
He took out a loan against the house.
I moved out. He then hired a contractor, and tried to kick me out during the finishing construction. He started walking all over the agreement. He began tearing out perfectly fine projects to redo them, starting projects never even proposed before (Like adding a 3/4 bath attatched in the back yard), refusing to pay me for my time, throwing out brand new, and perfectly fine items and materials that were purchased specifically for this remodel, and throwing out all my personal stuff I had no where to store (there is plenty of storage without it being in the way of construction.)
We talked to his attorney who stated, in writing, that only projects that had been started prior to this year, would be finished and done.
He continued to start new projects, and dismantle old ones.
He ran out of money, house still not done.
I want to sell the house asap. He is attempting to take out another loan.
How can I gain control of the finishing of the remodel, and how can I force him to list the property? Even if I cant stop him from being in charge of finishing the house, how can I prevent him from destroying some already started projects, and not start new ones?
I plan on suing for breach of contract for damages, but I cant find an attorney who will do it on contingency (my current attorney is considering it). Also, my plans included getting the 65K last month, and financially my wife and I are having a hard time, and I have tried to find someone who would lend us some money to be paid back with interest of course, upon the receipt of my 65K.
Lots to chew on eh?
I am going to file a TRO, and am thinking about filing an injunction. Plus breach of contract, anyone have any other ideas? Or does anyone know any way he could be trying to cheat me? I have a sneaky suspcion that he is doing something while nothing is being done on the house.
Thanks much in advance. RonnieK
HOUSE PURCHASED IN 93, IN FATHERS NAME.
AGREED I WOULD REPAY DOWN -WHICH I DID- AND MAKE MORTGAGE PAYMENTS, WHICH I DID, and down the road turn title over to me.
I talked him into remodeling in 2005. We started, had a dispute. I got him to sign a paper stating it was my house and he would turn over title with no compensation except I was responsable for any loans against the house.
first TD due was about 130K, House is now worth about 1.1 Million. He agreed all profits would be mine once first TD and all expenses for remodel were paid off. Then he tried to claim we spent about 850K remodleing. That is absolutely, patently absurd, ludicrous and bizarre. Of course he only used loan amounts. We told him we would only accept actual receipts/cancelled checks.
He agreed to come up with the accounting. He never did. 2005
He tries to evict my family (6 months pregnant wife and 18 month old daughter) and I.2006
2007/2008 jan. we sign an agreement, my family and I would move out, he would fund the finishing of the remodel, and all projects had to be approved by me, and on Feb. 1, we would put the house up for sale. He was suppose to already have the funds, and no further loans were to be taken out against the house.
Once house is sold, I receive 65K, some other monies are dispersed, and then an accounting (professional) is to be done and the profits are to go to me.
He took out a loan against the house.
I moved out. He then hired a contractor, and tried to kick me out during the finishing construction. He started walking all over the agreement. He began tearing out perfectly fine projects to redo them, starting projects never even proposed before (Like adding a 3/4 bath attatched in the back yard), refusing to pay me for my time, throwing out brand new, and perfectly fine items and materials that were purchased specifically for this remodel, and throwing out all my personal stuff I had no where to store (there is plenty of storage without it being in the way of construction.)
We talked to his attorney who stated, in writing, that only projects that had been started prior to this year, would be finished and done.
He continued to start new projects, and dismantle old ones.
He ran out of money, house still not done.
I want to sell the house asap. He is attempting to take out another loan.
How can I gain control of the finishing of the remodel, and how can I force him to list the property? Even if I cant stop him from being in charge of finishing the house, how can I prevent him from destroying some already started projects, and not start new ones?
I plan on suing for breach of contract for damages, but I cant find an attorney who will do it on contingency (my current attorney is considering it). Also, my plans included getting the 65K last month, and financially my wife and I are having a hard time, and I have tried to find someone who would lend us some money to be paid back with interest of course, upon the receipt of my 65K.
Lots to chew on eh?
I am going to file a TRO, and am thinking about filing an injunction. Plus breach of contract, anyone have any other ideas? Or does anyone know any way he could be trying to cheat me? I have a sneaky suspcion that he is doing something while nothing is being done on the house.
Thanks much in advance. RonnieK