| Lisa's
Real Estate Nightmare
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On
May 22, 2002 I entered into a contract with Trustee Group,
LLC to purchase a commercial building
. I put down a deposit of $28,000.
Richard told me that he owned the building through Trustee
Group, LLC.
Richard
Munn, the man who took the escrow funds said he could get me
the financing easily because my credit was perfect.
Keep
in mind that the first line of the contract says that the
funds will be kept in escrow.
In
early June, Richard Munn approached me and asked if I would
be interested in purchasing the sports bar that is one of
his tenants for that building. He also stated that it
would help with the financing because I would have all that
extra income. So I signed a contract for Richard Munn
to negotiate the purchase of the sports bar.
The
purchase of the sports bar went into contract on June
26, 2002. Richard Munn took my deposit of $1000 for
that.
Richard
Munn acted as real estate agent (with no license), business
broker and mortgage broker.
In
October, Richard Munn told me that I got approved for the
financing and to go for the liquor license. 3 weeks
later, I was approved. I called Richard and he said,
the financing is coming, not to worry about it.
4
weeks later and many calls to Richard, Liquor
commission called me and said that I have to either hand in
the necessary documentation (lease or title to property) and
pick up the liquor license, withdraw or lose my money.
I
called Richard Munn and asked for a lease while waiting on
the financing so I could at least get the sports bar.
At that time, the two owners of the sports bar were willing
to work things out financially and I could have easily
purchased the sports bar without outside financing.
Richard
out right said, NO and that the financing should be approved
within a couple of days. I had to withdraw the liquor
license.
The
only financing that Richard Munn said he received for me is
a loan for $550,000 @ 12% interest, interest only payments
and it has to be paid in full in one year. I also
would have had to use all the real estate I already own as
collateral for that particular loan. There was no
written documentation about this loan. I had no idea
from who or where this loan was coming from. Nor did
he send any documentation to my lawyer. Richard also
said that I "had" to use his property title
search for the closing. It was not insurable and I
would never close on any property without title insurance.
The
contract was up on November 15th 2002.
My
lawyer and Richard's lawyer were in contact during this
time.
When
Richard refused to give me my deposit back, Richard's lawyer
called my lawyer and said he is NOT Richard's lawyer for the
case and he never was and said to do what we must against
Richard.
I
went to the police and filed a formal complaint. The
police said it was criminal.
Tracing
the check, we found that it was deposited in a particular
bank and was signed over to someone else.
The
police said they wanted to do a complete investigation on
the case and that it would take a long time before going
after Richard.
About
6 weeks later, a new lawyer representing Richard called and
said he took the case. Richard then went to Florida
for 2 weeks and when he came back, he sent a fax to the
police and my lawyer that he had $29,500 in an escrow
account but no interest.
The
next morning, the police called and said that it is no
longer criminal but civil because he proved he had the funds
in an account. Although the bank the funds were
in was in a totally different bank than the check was
originally deposited in.
Richard
still has not given me my deposit back and is now talking
about negotiating. I feel there is nothing to
negotiate.
I
have put in a formal complaint with The Consumer Protection
Agency. It is the law that real estate deposits must
be held in escrow from the 3rd day of receiving it.
They have the authority to make Richard prove that it was.
Also
after doing some research....
Richard
Munn nor Trustee Group, LLC owns the building. A
company named American Investors Group, LLC owns it.
Richard
is a member of Trustee Group, LLC but he is in no way
associated with American Investors Group, LLC.
Richard's
wife is the agent of both companies. I have no
documentation with Richard's wife signature that gives
Richard permission to sell or quit claim the property
from one company to the other. Even with permission,
Richard can not legally quit claim the properties himself.
Only American Investors Group, LLC can and Richard
is the only one who signed the contract of purchase.
I
have recorded the Purchase Contract on the property title so
it can not be sold until my funds are returned or a judge
orders that I remove it.
I
have heard nothing since and I do not understand how this is
no longer criminal.
Can
a member from one company sell another companies property?
My lawyer said that because it is his wife who is the agent
for both companies, it could be considered legal. In
my own opinion, he is not selling his wife's property but
American Investors Group's property. I feel there is a
difference.
Now
my credit is no longer perfect and I am close to bankruptcy.
Lisa
from Connecticut
January 15, 2003
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