I need help IMMEDIATLEY
This is a discussion on I need help IMMEDIATLEY within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; They met back in 2004. Mack's aunt had just passed away and he was looking for roommates. This is an ...
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Junior Member
Join Date: Jun 2009
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They met back in 2004. Mack's aunt had just passed away and he was looking for roommates. This is an old house in need of many repairs. So, my daughter was moving back to town and she needed a place to stay. So, I gave up my apartment for her. I went and stayed with a friend who was having back surgery and David agreed to move here with Mack. They agreed he would pay rent of 200.00 for a room. That left David with 103.00 for the month. This went on for 2 years as roommates. I should mention that both David and Mack are disabled. David has heart disease and Mack was injured in a car accident in the 80's.
David filed for Disability from the state and was awarded a settlement of 30K. He can no longer work. He paid off his bills and was living off the rest of his settlement, trying hard not to spend any of it unless it was necessary. I also should mention that Mack is an alcoholic. He lives to drink and does nothing but wonders how to get money for his next beer, even to this day. He receives Disability as well from his so-called head injury. I think he gets over 700 a month. He does, however, get up every morning and goes out to work. He helps a guy in town lay rugs, another he helps with cleaning ect. It supplements his drinking money when he runs out. At least he is able to go out and do work of any and all kinds. He even cleans the office of Solomone the attorney, and is very good friends with the girls who work for him. David and I have a place we go camping at. I have a trailer, run down, but it serves the purpose. One of the days when he came home, the living room chair was on fire! (opps, forgot to mention Mack had, beside David, 3 other people living here as well) One of the guys fell asleep with a cigarette and it was just smoldering when we got here. David threw it out. Mack was nowhere to be found. The house had turned into a flophouse, people coming and going all the time. Drinking, smoking pot. You couldn't even sit on the couch; it was full of Urine from Mac getting so drunk and urinating on it. He had a dog that did the same thing all over the house. It smelled horrid in here. I think you can use your imagination on that, it plain out stunk! A skunk smelled better than this house did. Needless to say, we spent a lot of time away, at my camp. Another time we had come home from the camp, just to get something, and Mack had showed David a piece of paper from the town saying that the town was going to take the house for back taxes. Needless to say, everyone was shocked. Mack was so worried the house was going to get taken, so was everyone else that was living here at the time. Everyone would be out on the street, including Mack. So, David told Mack he better go see his rich uncles, aunts, cousins anyone, that could help Mack come up with the money to save the house and he better do it fast. We then left, and went back up to the camp. In the meantime, David and I talked about it a lot and he suggested to me that he could buy the house and pay all the back taxes and bills, because he had gotten the disability settlement. We were still at the camp, (no phone there) So, David decided to go back to the house and see what Mack had come up with, if he was able to find anyone to help him out. Mack had said that he could not get anyone to help. (I don't think he even tried because he knew that David had gotten his disability settlement) SO! Here comes David to rescue Mack. David told Mack that he would help him out. He would pay all back bills (that totaled up to over 17K) but there would be a few things Mack would have to consider. One, being that the house is signed over to David to protect David’s investment of all the money he put up. We then left again to go back to the camp so Mack could think about it. We returned the following day. David asked Mack if he gave it any thought? And, Mack told him yes, that he wanted David to take the house over. He asked him again, are you sure? You know the only way I will do it is to have you sign over the deed to me? In no uncertain terms, Mack agreed. The other agreement was that Mack could live in the home for as long as wanted, or prefers, as long as he kept his room clean and free of urine. It was also agreed that Mack would pay 260.00 for rent, excluding his food. Everyone was told they would have to move by the end of summer, because David wanted a normal home, not a flophouse. That gave everyone ample time, the whole summer to find somewhere else to live. The whole town knew about this happening, nobody would get involved to help Mack out. After paying all the money to help out Mack, David realized he was running out of money. Some repairs were made, but the house is old, and needs a lot of neglected attention. Urine stained rugs were ripped out, a new boiler had to be put in and still, it needs more work. After a year or so, David decided he was going to try to get a loan to do more repairs. He only has his disability as income, but Countrywide gave him a loan for 80k. After everything was paid he ended up with 72k. He took most of the money and put it in CDs, to gain interest and rolled them over a few times to make back some of the money. He gave some of the money to his son, who has been struggling, did some modest repairs. All this was being done while David was recovering from a Triple Bypass. David has faithfully paid the loan off by having it deducted ($508.00) from his disability check, At the end of August, the smell from Mack’s urinating is wafting through the house. David just could take it anymore and told him to get help for the problem, or wear depends or something. Nobody could come in the house without smelling urine and booze. He has the room in the front of the house right next to the kitchen. He refused to seek any help for his problem. So, David started an eviction against him because of the odor. (thinking that this would make him get some help, nothing else was working) Now, he had the mindset to go to his friends at Solomone's office and show them the paper. It was given to him on Nov 1, effective Dec 3 and be out by Jan 3. (thats when Mack gets his checks on the 3rd of the month) ( I say NOW he has the mindset to do this, because they are claiming he is mentally retarded, and in no way, shape or form is this man mental. He is an alcoholic self admitted) So, the girls at the office tried to find him a place to live I guess and then they showed a girl from the Housing Discrimination Project. This is where all the court things started. I can't remember her name, but she filed a motion saying he has no place to go, blah, blah, and the Court sided for him and she got it continued. She then showed the paperwork to another lawyer. That’s when all these claims started. We tried to do, and did, most of this case by ourselves, David and I. We filed motions ect. Until one day, before the court, the Judge told us if this was our best defense, we should hire a lawyer! So, we did. I really thought we could do this by ourselves; after all, we were trying to evict him because he would keep himself clean. I mean, he urinates in his bed, makes the bed when he gets up without washing the sheets, goes to bed again in urinated sheets, how hard could this be? He has a housing discrimination lawyer on his side. We were told that we need an expert witness, a MD. She has a psychologist who is going to testify that David coursed Mack into signing the house over. I am witness to the fact that is indeed false. He did it freely and was happy about doing it. So, the headline should read Town Drunk Wins Case Despite Beating Up His 93 year old aunt!!!!! We showed PROOF that he did this and the judge wouldn’t allow it in. He went to jail for it. He also beat up his ex girlfriend 2 times, again, we had proof, and it was not allowed. Could you live in a house with someone who pees his pants daily, doesn’t even clean up or shower and goes out like that? We are Appealing this. The Judge tainted the jury by saying he was mentally retarded and there was NO proof whatsoever that he is mentally retarded. Also, because we were not allowed a expert witness of our own, the Judge disallowed the motion. This is so unfair. Our so called lawyer who lost the case because he was sleeping at the defense table!, just called to tell us his lawyer wants us out by June 10 or she is going to call the police and have a trespass order put on us! I need help immediately to help fill out the correct paperwork. If anyone knows anything how I can help on this, please let me know. I have been trying to contact the World Law Direct person that knows the whole story, but have been unsuccessful. Please, Please help! |
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#2 |
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Guest
Posts: n/a
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This sounds terrible...have you received any actual eviction notice?
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#3 |
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Junior Member
Join Date: Jun 2009
Posts: 3
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Hello
I am not sure what is going on. Our lawyer said he is done with us. He was suppose to send some information via email yesterday, but we got nothing. His lawyer said she is going to put a tresspass order on us by June 10! I don't know if she can do this or not. That is why I need help. We live in Massachusetts. I don't know if we got a eviction or not, our lawyer won't tell us anything just about the tresspass order, and we are not even sure the date is right! I just don't know what to do. I am so confused. |
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#4 |
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Guest
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Normally any legal action will take some time if you are living in the property. You cannot be thrown out in one day eg.
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#5 |
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Junior Member
Join Date: Jun 2009
Posts: 3
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Our lawyer got a letter from his lawyer stating that if we aren't out by the 12th of this month, she is going to put a trespass order on us. We learned of this yesterday. I don't know what that means or how she can do that?
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