All Forum Posts by: Benjamin Liell

No.  Same party.  Only trouble I have ever had in all these years.  It was a simple assignment of contract, or it was supposed to be.   The buyer represented the property as free and clear with good and marketable title free of all encumbrances.  It was anything but that.  When the first title company responded, they quickly refused to process his title work and close.  This was a first.   Turns out the property had no real chain of title, had been sold at tax sale and re-acquired by the same owner several times, in addition to several other clouds.  This was important because the seller would claim at close, that he was not supposed to pay his taxes and that "someone else was supposed to"  implying that he had been misled.  It was untrue and in fact he had agreed to accept 2k less than he was going to receive according to the PA, we had that in text messages showing this.  He was paid the larger amount because he said he needed at least 2k for taxes.  This bit of info never surfaced in the hearing however.   

I believe what happened was that the seller realized at close, that he had gained clear title, and his house was now in good shape physically, due to the clean up and so, was worth much more than the agreed upon purchase price.    I know I was a fool for extending myself but I had been taught that it was perfectly acceptable and legal to record the PA if you suspected circumvention or false dealing.  It would of course be removed at close, the cash buyer/assignee would take possession and everyone would have what was agreed upon.

Apparently this is not so in Michigan.  The judge ruled that it was malicious slander of title, and as you said, threw the book at me.   My damages were never considered nor mentioned, nor were the actions/breaches of the seller  (misrepresentation of the property put him in first position of breach followed by the failure to perform)  So he walks away with a clean title, which by his own admission he had been unable to attain in his years of trying.   Also his income property had been cleaned up and made presentable.    He knew exactly what he was doing. 

Now I face bankruptcy, have had to dissolve my business and could face Jail and parole like some kind of criminal.  All because I was foolish enough to trust this guy would do as agreed.  Incidentally, the title company, angered due to the non-performance, kept the buyers deposit. Disgusting.

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, or what I had lost. 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 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.

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, or what I had lost. 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 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.

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.

I am looking for info on yellow letters.  How they work, what is the best service, how much to pay, mailing lists, etc.

Not really a nubie, just a nubie to yellow letters.

Ben

Please see the post on CL for this Lansing home. Its a true wholesale, off market home with tons of ARV. Ask is 29 and home two doors down is 140,000. It will sell, just trying out BP to see what sort of response there is.

Call Eight one zero 820 5101 or respond for more info/ to see the house.

I have wholesaled in MI for 11 years. I have sold over a hundred properties working part time mostly. In the capital of Lansing, I offer prices as low as anyone.  Better than just about all other deals out there.  No joke.  I sell them, but it has never been easy.   Most take lots of work, calls, email, ads, etc.  I find that my local investors buy one or two properties and then they are out of the game for a while.  Finding repeat investors with reliability and frequency are like unicorns or have been for me in MI.  Just save all your contacts and build your email/phone lists.   Michigan is as hard as anyplace to sell.  More and more are holding, and that eats up their time. So the money will find you thing...?  It may be true in other markets.  Here?  Not so much.  Having said that, I am always exploring new marketing in hopes that claims are true.

Dillon,

I saw you post in Bigger Pockets.  I have been wholesaling/flipping in mid Michigan/Lansing for about 10 years now.  I have wholesaled over 100 deals.  I am looking for an active Realtor to partner with.

If you are interested in talking sometime, let me know.  Friday and weekends are best for me.

Hope to talk to you soon,

Ben - MRA

same problem here in Lansing, MI.   I thought there would be a list or publication from the probate court (we have only one) and they say they have nothing.    Where can I go to find the estates entering into or already in probate?  I too have mailed all the probate attorneys I can google.  Zero responses.  Help.