All Forum Posts by: Josh Holley

James, no surprise here, but title knows the seller. Seller informed them that you have not sent him anything to sign to release earnest money. So no, I’m not slimy at all, but how you operate is. Good luck bud, your character is getting noticed here given how long your listings are sitting on market now. Have a good day, I won’t be responding to anymore of your personal attacks. 

@James Wise I have plenty of money to buy whatever I would like. I’m not just going to switch to cash because YOU want me to. The contract was signed with my company using a lender. You and your seller couldn’t provide a clear title. You can continue to try to bash and bully all you want. Won’t work with me James and I guess you’ll see us in court. 

I will also never purchase another property from you again after this interaction and your lack of professionalism. Thanks for your advice! Have a great day James. 

I’m not trying to defame you. You do that for yourself in the Cleveland area. 

I’m also going through other options as you stated, but this seems to be a forum to ask for advice is it not? 

Also, I did use an agent. I will look into this option more, but Ohio is a little cut and dry with this. 

The lender is Kiavi. They are pretty well known and do a lot of deals. I understand this isn’t a huge deal, but in all that I’ve done I’ve avoided issues like this. 

Long story short - James Wise has an awful reputation here in the Cleveland area, but I have bought properties from him before I proceeded with another. Title came back with an encroachment. The roof is over the next door properties property line. Seller owns that property and wanted to provide easement, but lender said no. They will only accept if roof is torn off and redone. EM is $5k on a $120k duplex which I knew was a red flag during negotiations, but proceeded anyway as I needed to add a few more properties end of year. We have tried multiple times to reach out to James and his brother but he is blaming the seller, stating he won’t sign the release. It’s also become evident the seller knew of the encroachment prior to listing. I have an attorney at a downtown Cleveland firm and I’m wondering if that’s my option to get the EM back? Contract is very clearly and states that if seller cannot produce a clean title than EM is to be returned to the buyer. Any help would be appreciated before I pay attorney fees on this one.