I had a verbal contract for purchasing a home but the recorded owners filed a rent and possesion suit. They lied in the petition claiming : That they rented me the property 2.) rent was due and payable in the amount of 12,000.00
The following are facts that pertain to this action
1.)I did not rent the house, I never paid or agreed to pay any amount of rent ever, the payments I made were for the purchase of the home, not for rent
2.) I have to this day never been served with a 30 days notice
3.) after filing the suit, but before any notice had been served the recorded owners contact police and tell them I was a squatter ,and that I never had permission to be in the home
4.) I was treated like a tresspasser and forced to leave since i could not produce a written lease
5.) they changed the locks and the next day proceeded to take everything I owned
6.) two days later there were more people taking the last of my stuff
7.) after repeated calls to the police and several hours an officer finally shows up and tells them they can not take anything else off the property
8.) I get an attorney that files a seperate suit for unlawful entry and detainer and conversion
9.) at the rent and possesion hearing my attorney attached the other suit as a counter claim
10.) plaintiffs defense attorney on the other case appears and says the counterclaim is identical to the case already in front of another judge and can not be litigated in two courts my attorney agreees to dismiss the counterclaim
11.) my attorney refuses to listen to my claim of ownership, and tells me that he is going to stick to his stragety which was how they never gave demand for rent, they denied in companion case that they were my landlords, no form of relief was offered. we had a trial by judge and the decision was that they failed to show a landlord tenant relationship existed. the recorded owners hired a new attorney filed an appeal as well as filing an unlawful detainer action in yet another court (after I was forced to leave, the police were called the next day when they were stealing all my stuff but were allowed to continue until they were contacted yet again two days later when I was allowed back in my own house)
12.) I was very upset with my attorney for not challenging ownership or even attempting to question rights of ownership or the legitimacy of the purchase and in the suit against them, later telling me that there is no question that they are the owners and "that real estate transactions are protected under the statute of frauds"
13.) in addition I was upset that as opposed to hearing me out and filing an appropriate counterclaim he attaches the other suit against the recorded owners because the fact that they lied to the police to gain entry into my home (the police will testify that they were given false information by the recorded owners) and take all my possesions, that does not pertain to the unlawful detainer action filed against me because it does not give rise to a claim of lawfull possesion after the recorded owner gave notice to quit, it offers only a defense in so much that they took or destroyed every bit of my business invetory and records eliminating my residule income completely making it impossible to find a place to move, and replace basic necessities such as food and clothing, and start business again within the time given for me to move (they gave a demand notice that i immediatly quit and vacate)
14.) my attorney started bitching because I wouldnt go in and sign my interrogatory answers and that is when I told him that that was all he cared about that he didnt care to do any work in my defense because it was not brining him any money and "I told you not to blow off these other cases- that if you let them take my house I will not let you persue the damages claim for them taking all my stuff"
15.) he thought I was bluffing, I tell him to copy what he needed to out of my file and I would come in and pick it up- he tells me "man I would hate to work for you, someone is 5 and 0 and your still not happy" He tries to tell me that he has won at every appearence however I dont consider it a victory when in an unlawful detainer case the defendant has the right to a jury trial but at the initial hearing he does not challenge ownership and the judge therefor orders me to pay 1000.00 into the court registry within two weeks or he would issue an order for possession because when he asked how long this had been going on and the plaintiffs attorney stated since febuarury the judge says "oh my god, so he has been given plenty of notice" the date given to the judge was when the loan on the house was approved not when they demanded possesion,
16. I didnt pay because a.) I knew if there was no challenge to ownership then there was probably no reason I would have the right to stay and not pay whatever the rental value of the home was and b.) that any money i paid would most likely be lost with my current representation c.) i did not know if that would show consideration or acceptance of a rentel agreement d.) I am disabled and since they elimitated my residule income I could not pay that amount plus utilities plus replace things like food
17.)I feel that is a loss not a victory, I feel that I was deprived of my home without due process, that the judge placed a burdon me that was to great without hearing the facts of the case
18.) after telling my attorney to give me my file and withdraw from the case I discover that there is an exception to the statute of frauds that I can prove which is part performance I had A.) a verbal contract b.) was allowed to take possesion of the property (I had lived in the home under the same contract with the previous owners 3 years prior to recorded change in ownership) c.) I paid all or part of the purchase price of the property in addition i made over 10,000.00 of inprovements on the home
19.)how do I assert my claim now that it has gotten this far?
20.)I cant keep up with them at this rate because they are giving three different stories to 3 different judges in three different courtrooms?
Huge mess 4 different stories given to 3 different courts
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