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What exactly is the malfeasance against me?

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minkyboodle

Junior Member
What is the name of your state? FL

A former partner and I purchased a piece of vaca property in Oregon, titled to both of us. When we split up, ex held on to all the ppw for the land and continued making the payments while we haggled over various issues. Ex then stopped making payments and did not notify me. Owner sent three notices, addressed to both of us as co-buyers, at the address of record, the ex's home. Ex did not forward this mail to me or provide me with a copy of it as co-addressee (Jane Doe AND Jon Bloe). Ex did not respond, I did not know, owner foreclosed and sold the property to another party.

So I'm clear I've been screwed, but I don't even know what this IS, legally speaking, though I'm pretty sure there's some kind of violation of the federal mail laws in there!:)

Anyway, I'm told that if this constitutes a fraudulent transfer, I could actually move to recover my land from the third (and fourth) party, who would have to be compensated by the jerk.

What's my cause of action? Have I been defrauded? What would I be entitled to as a remedy?
 


HomeGuru

Senior Member
minkyboodle said:
What is the name of your state? FL

A former partner and I purchased a piece of vaca property in Oregon, titled to both of us. When we split up, ex held on to all the ppw for the land and continued making the payments while we haggled over various issues. Ex then stopped making payments and did not notify me. Owner sent three notices, addressed to both of us as co-buyers, at the address of record, the ex's home. Ex did not forward this mail to me or provide me with a copy of it as co-addressee (Jane Doe AND Jon Bloe). Ex did not respond, I did not know, owner foreclosed and sold the property to another party.

So I'm clear I've been screwed, but I don't even know what this IS, legally speaking, though I'm pretty sure there's some kind of violation of the federal mail laws in there!:)

Anyway, I'm told that if this constitutes a fraudulent transfer, I could actually move to recover my land from the third (and fourth) party, who would have to be compensated by the jerk.

What's my cause of action? Have I been defrauded? What would I be entitled to as a remedy?
**A: it appears that you were on an installment contract. You have no cause of action against the Seller/Vendor due to the joint and several liability theory.
What is ppw?
 

minkyboodle

Junior Member
ppw=paperwork

I'm interested in what the cause of action might be against the jerk who ripped me off, not the poor guy who was selling the land. That's just a complication, in the event I would try to get the actual dirt back, as opposed to trying to recover some value for it.

I guess it's some kind of fraud or something, and maybe if there is a legal issue with interfering with the mail, that would be useful. But no, I'm not after the seller in anyway. He's been a very sympathetic about the whole thing.
 

HomeGuru

Senior Member
minkyboodle said:
ppw=paperwork

I'm interested in what the cause of action might be against the jerk who ripped me off, not the poor guy who was selling the land. That's just a complication, in the event I would try to get the actual dirt back, as opposed to trying to recover some value for it.

I guess it's some kind of fraud or something, and maybe if there is a legal issue with interfering with the mail, that would be useful. But no, I'm not after the seller in anyway. He's been a very sympathetic about the whole thing.

**A: review your partnership agreement or talk to the atorney that you should have hired to draft one for you before buying the property.
 

minkyboodle

Junior Member
Well, shucks...

It wasn't that kind of partnership. It was the faith, love, trust kind, you know, the jointly and severally stupid kind. And golly, if I'd had the insight to recognize that I was in some kind of legal jeopardy every damn minute by virtue of being a second-class citizen already, I'm sure I could have found some lawyer to draft me an agreement for any eventuality. In fact, I'm sure I could have anticipated getting totally screwed, but hey, if I had that kind of insight, I wouldn't have been in the relationship in the first place. That's why I'm looking for a remedy, hence, a cause of action.

I'm sure as it becomes more and more common for gay people to screw over their former partners, there will be more lawyers specializing in not just litigating it after the fact, but preventing it before hand. But most homos, just like most straight people don't go into relationships expecting to get ripped off, so they don't lay out a bunch of legal protections to prevent every sort of malfeasance. Except straight people can get married, so they get some protection from the unforseen wrongdoing perpetrated by the people they commit to and place their faith in.
 

HomeGuru

Senior Member
minkyboodle said:
It wasn't that kind of partnership. It was the faith, love, trust kind, you know, the jointly and severally stupid kind. And golly, if I'd had the insight to recognize that I was in some kind of legal jeopardy every damn minute by virtue of being a second-class citizen already, I'm sure I could have found some lawyer to draft me an agreement for any eventuality. In fact, I'm sure I could have anticipated getting totally screwed, but hey, if I had that kind of insight, I wouldn't have been in the relationship in the first place. That's why I'm looking for a remedy, hence, a cause of action.

I'm sure as it becomes more and more common for gay people to screw over their former partners, there will be more lawyers specializing in not just litigating it after the fact, but preventing it before hand. But most homos, just like most straight people don't go into relationships expecting to get ripped off, so they don't lay out a bunch of legal protections to prevent every sort of malfeasance. Except straight people can get married, so they get some protection from the unforseen wrongdoing perpetrated by the people they commit to and place their faith in.
**A: oh brother, hire a gay attorney.
 

minkyboodle

Junior Member
Well, that would obviously be less likely to expose me to a bunch of needless hostility, but being qu--r wouldn't necessarily make someone any kind of specialist in the area of fraudulent conveyances or whatever is involved here.

Does anyone have anything helpful to offer because Guru could, but today it's my turn to get a little of his gratuitous abuse, and that's fine, but not particularly useful.
 
Last edited:

HomeGuru

Senior Member
minkyboodle said:
Well, that would obviously be less likely to expose me to a bunch of needless hostility, but being qu--r wouldn't necessarily make someone any kind of specialist in the area of fraudulent conveyances or whatever is involved here.

Does anyone have anything helpful to offer because Guru could, but today it's my turn to get a little of his gratuitous abuse, and that's fine, but not particularly useful.
**A: you have no cause of action against your gay friend.
 

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