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Serious issue guys. very serious.

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    Serious issue guys. very serious.

    Ok this is no joke im going to tell you. This is the story of my dad owning a shop then getting it taken off him because he was late on the payments.

    please take your time to read this.

    Ok in 2002, my dad, 2 uncles, cusin, my bro and i sat down to discuss opening up a shop. We found a nice big one so that we could have enough space to get work done.

    the shop costed $302,000. there was a big property. There was a sales lot for about 40 cars. A sales office. the paking lot for the garage you could fit about 100 cars all around the garage. In the shop you could fit about 20 cars (- out the paint booth and lift.

    we also put down 50k downpayment and payed a lease on the shop, because the bank would'nt lend us the money.

    In side the garage there was a big paint booth, life, office. We put in a frame machine in there too.

    So we liked it for a while. I guess since we were making like 8-10k every month, we didnt mind. Until my uncles starting hating it there, and quit. i still hate them to this day about it. Then my cusin left, i want to hurt him. So basically it was me, my bro, my dad. for this big garage. so my dad hired a guy to do the body work. which later he just got up and left and stole a bunch of our tools. we never found him. Then he hired another guy, he was kickass, but his heath wasnt that good, so he left. and then we hired another guy that was cool at first, then just pissed us off and we fired him when the garage was on its way out.

    so then after making about 5k every month, the garage was on its way to close.

    in this time, the previous owner (fuckin moron). he told us we dont have to worry about anything, he got it covered. we found out we never payed any taxes to the irs (sales tax for everything we buy). so we found out it rounded up to 16k!!! we didnt have that kind of money. so basically we got screwed. plus we were behind on the property taxes and late on the lease payments.

    we closed the shop and he took it back.

    Ok so when he took it back, he didnt give us back the 50k downpayment, or any of the payments we made to him.

    we replaced half of the roof, because it was leaking. and did a bunch of repairs on the shop.

    so he takes the garage and sells it to one guy he knew for 300k. wtf??? so hes like ill cover the sales tax (he didnt pay the whole thing). so we got pissed.

    irs calls up 1 year later and tells us we owe them money.

    by now my dad starting stressing alot, and he started loosing more hair, because all this shit was soon going to kill him.

    we then took out a loan to pay all the debt. we used alot of credit cards to get us through those hard times in the shop and to try buy cars, fix them, and sell them. the loan was about 120k. it includes the payments left on the house, the 47k downpayment (we paid off a bit) and most of the credit cars. (we paid off some). then we payed off the irs.

    life was back on track now. my dad and mom got a good job. i got a pretty decent job. and my bro works as a computer tech for some big company. he he gets paid decent. we all struggle and pay the bills on time.

    it was all good, until now. the bank we borrowed money, calls us and tells my dad, your doing good. but you have a problem. my dad is like whats going on. the said the previous owner from the shop, put a lean on your house. my dad got so fuckin pissed. i tell you, if he went insane, he'd probably kill the previous owner.


    so right now we're figuring out what to do. my dad is probably going to hire a lawyer and sue the guy for 200k plus to tell him to take the lean off the house.


    so guys what would you do??????? please your help is important.
    miss my turbo cb7
    moved onto volvos. dont know how that happened, just did

    #2
    well if all debts are paid then the lean shouldnt be valid

    leans are placed when money is owed and removed when that is paid


    smoke tires, not drugs.

    Comment


      #3
      yeah those liens are a pita. we had one put on our house because the insurance company wasn't paying the cleaning company on time so those aholes who did a shitty job btw decided to screw us instead.

      the only advice i can give you is, when it comes to money, get everything in writing with a signature. I don't think you're going to get that 50k down payment back because the property owner could have applied that towards the lease payment when you started defaulting on the agreed monthly payments. Kinda like when you rent an appartment you have a deposit of 500 bucks where when you move out the owner will keep it if he/she has to make any repairs to damages caused by you while you lived in that room.

      But what you might be able to get back from the property owner is what you payed to have that roof fixed so long as you have all the receipts and a dollar ammount that you payed to get it fixed. Since it is a leased property, the owner is suppose to maintain the structural integrety of said property like the roof. Although as a business, i think the current occupant has to maintain the immediate surrounding area of the business. I believe back in the day people would get fined for not sweeping the walkway in front of their store.


      I handle invoices everyday for all the food companies in the region that deliver to my company so any discrepancy within the product being delivered against the invoice i have the driver sign his name at the bottom along with whats missing.


      I'll talk to my friend's sugar mama, who owns appartments and leases out the rooms, since she basically deals with your situation everyday on how she normally handles it.
      Last edited by Leung; 04-23-2008, 02:57 PM.

      Comment


        #4
        what was the 50k? Was this lease to own?




        In the end its your dads responsibility to pay the taxes. I don't understand why he would want someone else to handle something so important. You did not make it clear but it seems as if you were not renting from the guy and he financed you with his money. But seems like your dad is not cut out to be a business owner. Just work to get the lien off. Your dad is honestly not losing alot of money compared to your average failed small business owner. And I wouldn't expect to win any money in a lawsuit because, the original owner seems to have a lot more business sense and was probably in the legal right (may not be the moral right but thats life) .



        Plus this story makes little to no sense. Hire an attorney and have him explain what is happening legally. Posting this on the internet probably wont help out to much. You are missing something here.
        Last edited by ChIoVnIdCa; 04-23-2008, 08:08 AM.

        Comment


          #5
          Originally posted by slammed4thgen
          well if all debts are paid then the lean shouldnt be valid

          leans are placed when money is owed and removed when that is paid

          Lien*

          Comment


            #6
            It seems like you guys were caught off guard by technicalities...in this case, a lawyer is your friend.

            Good luck with everything.
            DEVOTE


            __________________________________________
            FS: Lokuputha's Stuff
            "It's more fun to drive a slow car fast than it is to drive a fast car slow."-The Smartest Man In The World

            Comment


              #7
              call a lawyer.

              Comment


                #8
                pay 5k and make the guy disappear.
                I <3 G60.

                0.5mm Oversized Stainless valves and bronze guides available. Pm me please.

                Comment


                  #9
                  my dad didnt borrow any money for the garage. we took a lease on it. we put down 50k so that we get the garage. plus with all the repairs we did to it, theres no way that garage should cost 305k.

                  so my dad and the bank are going to talk it over. if nothing works, then my dad is going to get a lawyer and sue that guy.
                  miss my turbo cb7
                  moved onto volvos. dont know how that happened, just did

                  Comment


                    #10
                    i owe $50 bucks to the bank and im streesing..

                    i feel ur dad..

                    that motherfuckers deserves a lawsuit IMO


                    Ride: 2002 Lexus IS300

                    Comment


                      #11
                      I'd wait for Rusty to chime in, If I recall correctly she's doing something with law.

                      Hope everything works out for you. Sue the Bastard for all that he's worth and buy a villa in the Bahamas with his money!!!!

                      Comment


                        #12
                        Originally posted by quickangel93
                        my dad didnt borrow any money for the garage. we took a lease on it. we put down 50k so that we get the garage. plus with all the repairs we did to it, theres no way that garage should cost 305k.

                        so my dad and the bank are going to talk it over. if nothing works, then my dad is going to get a lawyer and sue that guy.
                        there is a difference between a down payment and a security deposite. If you had a lease you dont put down that much money.

                        Comment


                          #13
                          Originally posted by wed3k
                          pay 5k and make the guy disappear.
                          touche


                          smoke tires, not drugs.

                          Comment


                            #14
                            Originally posted by Makaveli2k
                            I'd wait for Rusty to chime in, If I recall correctly she's doing something with law.

                            Hope everything works out for you. Sue the Bastard for all that he's worth and buy a villa in the Bahamas with his money!!!!
                            There are others on CB7tuner that have been to law school. The advice she gives will be same - she can't comment on the specifics of your case, nor can she offer legal advice. If the facts are as stated, then the OP should contact a lawyer and pursue the lawyer's advice. Nothing that's posted here, besides "Call a Lawyer" is going to help the OPs cause.

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