As WEIRD AS IT GETS....

[LuvRPgrl]

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

 

[divgradcurl]

If you have a written contract to transfer title of the property to you, consider filing a quiet title action in addition to the breach of contract action.

 

[LuvRPgrl]

If you have a written contract to transfer title of the property to you, consider filing a quiet title action in addition to the breach of contract action.

Only one response on this board, hahah, guess this is one most dont want to touch.

Thanks for that idea, I will look into it. ron

 

[Zigner]

Only one response on this board, hahah, guess this is one most dont want to touch.

Thanks for that idea, I will look into it. ron

See the problem is that we all KNOW there is much more to this than just your side.
You will need to contact a local real estate attorney to review the situation and advise you.

 

[seniorjudge]

Only one response on this board, hahah, guess this is one most dont want to touch.

Thanks for that idea, I will look into it. ron

My advice:

If you have a written contract to transfer title of the property to you, consider filing a quiet title action in addition to the breach of contract action.

 

[Zigner]

Problem is, none of us REALLY know if this OP has a valid "contract".
He needs to see an attorney. You know, sit down and share meaningful conversation and flirtatious glances...

 

[LuvRPgrl]

See the problem is that we all KNOW there is much more to this than just your side.
You will need to contact a local real estate attorney to review the situation and advise you.

Actually, I am a guy. , no need to correct anything

Fact is, sometimes one side does give an accurate description, which is the case here. In fact, there were about 12 guys working on the house a month or two ago, and they all said the same thing, basically that he is nuts, arrogant, they hated having him around, and that he was treating me like a piece of crap. But as long as they would get paid, that mattered the most.

He also extorts things from employees, by threatening to not pay them.

I have seen an attorney, he basically says its a shoe in, only problem is it will take time. So I was hoping for some experience/advice on how to get this done in a timely manner. And if a TRO and/or an injuction will work.

Also, if anyone knows of a sneaky way he might try to cheat me out of my money.

I also have the problem of coming up with some cash to get it started, and Im trying to borrow some from someone as it will pretty much be a guaranteed payback, with a rather handsome profit of course. We can put it in the escrow instructions to pay the loaner back from the proceeds of the house.

SO, if anyone knows of an attorney who would work on contingency, or someone who makes personal loans.....

Thanks all, ron