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Mitchell & Mitchell - Jay Jackson, Attorneys At Law Retained lawyer directed to "get deal in WRITING", instead SELLS/STEALS home, refuses to give up copy of all records on case, bills and now sends to collections Woodbury Tennessee
To start with this case and problem includes many more individuals and companies and lawyers/judges that precedes this complaint. This complaint is against the "salt in the wound" from everything leading up to this point. Please understand if this sounds very vague do to the fact these parties are just a small part of the problem.
Retained services to stop an illegal writ. During this time this office also provided a limit PoA (paid for) so another party could take care of the named party's business. The named party was at one time just the name holding a mortgage in name only until legal procedings started and then had to stand in as the owner. Daughter was the party actually purchasing the property that this legal mess started with and was the one holding the Limited PoA.
The above named individual lawyer had been paid a retainer, the retainer was used up by no shows in court by the mortgage company lawyers, phone calls, letters written (some never delivered to us or intentionally redirected to a dead address by the "knowing" retained lawyer), and arguements between insurance, third party go between for mortgage company, and then local law firm for mortgage company.
This retained lawyer had the idea of the whole problem leading up to us needing his help, BUT since the firm he works with IS FRIENDS with the trouble making party/attorney, he REFUSED to help with the rest of the preceding case. The writ was thrown out and then the mortgage company started with the rest of the harassment of "so called foreclosure", while the insurance company started their trouble of not totalling a damaged home (repair bill was just short of the payoff) and reducing their offer of payment for repairs. (lots more to this problem as noted before)
skip to this complaint; Daughter with Limited PoA had told the lawyer to get all agreements in writing (wanted to see the physical black and white agreement) , the named party told the lawyer to get all agreements in writing wanted to actually see the agreement on paper from the other party. This demand was for the specific reason that the stories between all parties was changing everytime parties talked. Mortgage company had contacted named party and also contacted the lawyer, not on confrence call. So the named and daughter totally confused made the demand again to the lawyer we wanted to see the agreement in writing and was willing to for go the court date that had been set if the agreement was in writing as the stories was told.
""The story told to the named was that the mortgage company would take the remaining balance of the insurance payment and the named would still have the right to the damaged home and the title. They would also pay $3,000 to the named. There would be NO OTHER monetary claims against the named, all past charges and bills would be null and void.""
The lawyer agreed to get all this in writing and then procede after it was agreed upon and forgo the court date. These calls happened before Christmas 2007, waited and waited called lawyer(before the New Year) and asked what was the answer and where was the agreement, WAS enlightened that he was waiting for our answer. After repeating the DEMAND TO SEE THE AGREEMENT IN WRITING, he then said he would tell them.
The court date was canceled by the mortgage company with a note on the court document that read, " Occupants have vacated the property and court date canceled per an out of court settlement!" (VERY FUNNY cause the home was unlivable, no water, no electricity, no septic, damaged with mold and water damage, and frame damage, etc.) Within several days of this court date being canceled the home was hauled off the private property.
Contacted the lawyer about the home being STOLEN, asking where did the home go, why was the personal property that was around the home bull dozed into the woods, how did the property get tore up by a dozer and other vehicles,> his responses over a WEEK of calling him is "he had no clue, did not know anything about the home being taken!" Then the lawyer calls back and says "Oh you sold it!" "It is sitting at Davis Homes in McMinnville."
Asked again where was the WRITEN AGREEMENT agreeing to this so called sale and how did it get sold when it was settled to be given the home and title and $3,000 and no future claims and actions against the named? Asked where was the authorizing of the sale of the home and who gave it?
The lawyer said he had not recieved the WRITEN AGREEMENT and HE AUTHORIZED THE SALE AND HAD A CHECK FOR $3,000 IN HIS OFFICE. Lawyer asked if the named wanted the check, he was told No because the SALE was FRAUDULANTLY AUTHORIZED, THAT WAS NOT THE AGREEMENT!! The agreement was for the home, title, and a so called payment of $3,000 to accept the agreement out of court NOT FOR THE SALE OF THE HOME!!
(COURT DATE CANCELED JAN. 4, 2008, found out on Jan. 8, 2008, home taken off property the following weekend.) Jan. 21 or 22 phone call/fax comes thru to the named the written agreement, NO SIGNATURES, asking if the terms was agreeable, dated Jan. 3, 2008, stamped RECIEVED BY JAY JACKSON AND FILED on Jan. 8, 2008!!!
At this point the lawyer was requested to remove himself from the case and to turn over all the files.
Never recieved the files, billed $1,000, was told to get the files the bill had to be paid, BUT according to the state law the fees can be waived pending a judgement from the Board of Financial Responibility, which can not finish the complaint to them without all the facts and files (besides what had been sent to the named and had been summarized by the lawyer) that the lawyer had sent and recieved and the notes made from phone calls.
The lawyer did not legally through the court remove himself from the case for several months following the request.
Now the lawyer has turned his bill over to an in house collections for $1,040.
The home has not been returned or another home to replace the one that was stolen, the mortgage company got the money from the insurance company(who also cheated the named and family out of thousands of dollars and now the home by not keeping to the policy), the lawyer sold the home without authorization and allowed the false statements to the court who allowed the harassment from other parties connected to the mortgage company, no offers/no payments for damages to private property and the real property and the remaining private property left in home, Nothing has been said or done to right any of the wrong that was done to the named and family and said he had a check for $3,000 for the home HE gave permission to be sold and removed WITHOUT THE SIGNATURE AND AGREEMENT FROM THE NAMED OR THE DAUGHTER, did not provide any proof of any agreement until two weeks after the damages was done.
After all the pain the named and family has suffered through prior to the pain this lawyer has caused and that strangers around the property has caused, to top it all off he had the knowledge of the "disabilities" that the named and the daughter suffers with and knows there are a lot of limitations (physically and mentally and monetarily).
So Where Is THE RIGHT TO BILL For WORKING FOR HIMSELF AND/OR THE OPPOSITION, For NOT DOING THE JOB That HE HAD AGREED To PERFORM, And For NOT TURNING OVER THE FILES To PROVE The JOB Was Being DONE As He Was CHARGING For And To SHOW That The PREVIOUS PAYMENTS Was For The SERVICES So SAID HAD BEEN PROVIDED?
The most horrible part of this Whole case is there was NOT ONE WORTHY LAWYER OR AGENCY WILLING TO HELP THE NAMED AND FAMILY TO FIGHT THE DISCRIMINATION AND INJUSTICE BEING DONE BY ANOTHER LAWYER AND HIS WIFE, MOVING COMPANY, AND THE INSURANCE COMPANY THAT WOULD NOT HONOR THEIR OWN POLICIES. THE MORTGAGE COMPANY AND THEIR GO BETWEEN AGENCIES AND LAW FIRMS, AND THE DISCRIMINATING JUDGES. THEN TO HAVE YOUR OWN RETAINED LAWYER TURN AGAINST YOU.
NO JUSTICE FOR THE JUST!!!
Tn justice victim
Middle, Tennessee
U.S.A.
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