URGENT! Attention wholesalers THIS CONCERNS YOU!

[Benjamin Liell]

After more than 15 years in business during which time I had never had a registered complaint, much less a legal issue, I was taken to court for recording a contract.  It was deemed a malicious act by the judge and she decided against me personally, piercing the corporate veil.  The other side had no damages and I was out my assignment fee and months of my time. (I had cleaned the guys property up as well)  No consideration whatsoever was given to the terms of the agreement, what I had lost, or the several breaches of contract the seller had made.  I was never allowed to speak and my attorney was shut down after only a few words every time he tried to speak up.  The opposing attorney asked for 10k in legal fees at the end of the summary judgment hearing.  Even the judge found that ridiculous and ordered us to "behave as adults" and to come to terms.  The judge then told me to call a specific attorney in order that he might negotiate the fees I would be responsible for as my attorney would not be available beyond the date of the hearing.  I found it very strange that she made me promise in court to call her hand picked attorney.  I met with the attorney the judge so strongly suggested the next day and paid a cash retainer up front according to his demand.   I did not hear from him for weeks.  When I did, it was in the form of a text telling me he had had no success in negotiating and that I would be "better off on my own".   I never received single document or email stating his findings, whether or not he was officially removing himself from the case..  nothing.  I tried to contact the judge at the court via phone and then with a letter.  Both resulted in a reprimand, in which I was told it was improper to try to speak with the judge.  I had no idea what else to do.  I could not afford to keep paying attorneys.  A few weeks later a letter arrived telling me I was now responsible for $26,000+!!!.   When I called the court, they informed me that there had been another hearing in which it was decided I owed 26,000+.   I had never been notified or served.

As if that were not outrageous enough, I am now being investigated by the State's Attorney General's office due to a complaint recently registered, by the same person concerning the same transaction which is now more than 3 years old.   No formal charges have been made but it seems only a matter of time.  The investigator says I have been operating without a license.   No idea what license they may be referring to.  The investigator said "the statute, as written, is so broad and so vague, it can mean nearly anything".   I have spoken with attorneys and they tell me that if found guilty I would be charged with a misdemeanor and cited.   No idea how much, but I would automatically be excluded from licensing of any kind through the state in the future.  Additionally and worse yet, with a judgement for a civil case in which my actions (recording of a contract) were found to be malicious, the damages could then attach to me through the state.  Essentially weaponizing the AG's office in order to perform collections, even potentially backed by JAIL TIME!.   I mentioned to the investigator that I had nothing to hide and that thousands of people assign contracts just I had, every day.  He said "I know, we are taking this on a case by case basis as they are reported".  

In my case the plaintiff and his attorney are family.  In other words the plaintiff was able to pull all of this off without spending a dollar I am quite sure.

So now I am left to wait to see if I will be charged and if so, for what. Will I go to jail if I refuse or am unable to pay?  Some attorneys say it is possible.  I have spoken with many attorneys most of whom do not understand assignment of contract fully.   All of them speak confidently of their skills, but are quick to point out that it is quite likely an appeal, etc. would cost a great deal and have limited chance of success particularly in Michigan.  

Help.  If anyone knows anything that might help me or help prevent someone else from going thru what has easily been the worst experience of my life, please leave a reply.   If anyone has and contact with an attorney that has gone up against the AG's office/ State of MI concerning LARA issues, I would greatly appreciate that info as well.

Watch out.... I suggest you do not record anything, at least in MI, even though it should be our right to do it.

ps. I have been told not to speak to the investigator by attorneys.  May be to little to late.  I am living in a private hell that I would wish on no one.  I have filed a grievance against the attorney for all the good it will do.