It's March. The nightmare continues.
We had rec'd release from land contract/prom. Notes. (8-12-03) signed/notarized document was issued rendering all contracts null& void, no force or effect preceding agreement date, w/no liabilities. (Finally... It took 3 years but we got it). Over... We wish!!!
He was to remove all bureau entries. It was verbal, but we didn't care as we had the above document.
We became month-month renters at the property while we looked for another home. WE rented Aug.-Nov. 2003.
We closed in Sept. 2003. Our home mrtg company submitted the document to the bureaus on our behalf, but were told we also needed a Lien Release. *We could not obtain... N/a... As the seller never recorded the contracts... There was nothing to release. We rec'd Scott Co. Clerk document w/seal to submit.
(Becaue of the extra debt out there, and falsified negative rental slip he issued... As the mortgage needed rental... As we were renters then... We in fact incurred a slightly higher interest rate than intially told. Approx 1 %. But after the hell we had been in... We felt it was acceptable at the time just to be away from him)
*we were denied store credit in fall 2003... We thought the above just hadn't been completed.
What we didn't know is... The seller reported us as..."Foreclosure Initiated" which we found out when applying for a car loan in July. (son w/heart problems in/out of hospital, and 2nd heart surgery fall 2004—we just didnt have time or energy to deal with his game.
*Applied for car loan March 2. Again told Foreclosures noted on both ss#'s. We purchased tri-bureau reports and learned... Seller fraudulently entered the above... Oct and again in March. *loan offers, but outrageous rates.
We began dispute process March 5th, and March 7th. Sometime after the disputes were made... We were told Seller reported again... Under koressel group, inc. *now told our correspondence was no longer applicable... Due to discrepency in business names. (Even prior to this... Unbelievable how non consumer oriented the process is... Doesnt seem to matter if you have proof or not... W/o Attorney).
*Koressel Group, Inc... Had been renamed: Triangle Group, Inc on (4-18-01)
Our dispute was against Triangle Group, Inc... Which was how the entries were made in 2003 & 2004.
*Triangle Group, Inc... Per research... Dissolved: (10-14-04)
*Currently going by: TRIANGLE GROUP, LLC
(3) Times he has entered false information—what is so scary is no proof needs to be presented for such an entry. None. I can understand if it were true... To protect other creditors, but there should be a time frame in which they have to provide documents or it's removed.
IT was the same with... False "Eviction" attempts, and Collection attempt. He didn't have to provide any proof... Merely fees.
I fended off all... including the lawyer who in end wouldn't pursue.
*Mr. Koressel had changed his story (3) times with the collection attempt.
*He also knew he couldn't do evictions on his land contracts... He'd been told by the court prior to us. Yet he hoped we didn't know like the others he had done it to.
*LAND CONTRACTS—atleast in KY... Can't be evicted like a renter. The court system lacks jurisdiction. They must be done through FORECLOSURE.
*we had merely withheld payment to obtain return call for meeting to address property issues. We doc'd everything. Large binder full. *Only thing he understood... Is $
History...
In July we signed a Land Contract, & Promissory Note for 105 Cherrybark Ct, Georgetown, ky 40324. We purchased the left side of the townhouse. Once we moved in July 17th we'd experience nothing but problems reaching the seller, and getting issues addressed. Some were eventually handled, while other fixes—well—never remedied the problem.
We'd learn... It had NO "Certificate of Occupancy"... No one is supposed to be allowed to move into without — no utilities are to be turned on. (Explained why we had a lil trouble, but then it was all set to turn on for our 17th move in date) We'd also find out that... Property had never been approved to divide out for individual sale.
*The property didn't exist at time of sale!!!
We contacted BBB, but found it to be less than useful. We said / He said. Pointless... He just denied. Complaint never noted.
Building Inspections was involved due to leaks, & major pooling/flooding of yard—water coming inside ground level, too. (pics, etc avail) all which Mr. Edwin B. Koressel denied. However... He'd never meet with us to view our proof.
Things came to a head summer of 2003 after local offices were dragging feet, and pointing fingers, and nothing yet done with property...& seller continued to refuse to let us out of contracts.
Seller kept sending refinancing referrals our way, but we refused due to all the property issues, and fact Mr. Koressel refused to put anything in writing. We weren't going to refinance away from and be stuck with a problem.
May we received another refinance referral from Mr. Koressel. We made it clear we would NEVER refinance it—in fact we just wanted out.
In matter of days... Came the Collection letter I mentioned above, and then would come the serving of "Eviction" letter to show up in court.
*BEWARE of land contracts!!! Especially know... Your rights. DO NOT pay the seller property taxes!!! Obtain copy of taxes due... Make payment at the clerk's office yourself.
He always requested payment, but didn't show us slip. When we finally did see something... It was more proof the unit had never been divided. Amount we were told we owed... Was for the entire townhouse. *the other side also sold under land contract shortly before ours.
*REASON... I'm noting... Is this particular seller... Had major TAX woes in the county. If others paid him... And he never paid... They'd never know... Due to fact he doesn't record LAND CONTRACTS... So only property tax information is sent to him.
Check. Check. Check... If you have a land contract... See if the taxes are up to date... Hopefully if you had same scenario you have receipts, and don't have same type of seller to deal with.
YOU HAVE TO KNOW YOUR RIGHTS. Just because they say or obtain certain things... Remember... in almost every case they merely pay FEES, and never have to provide any real proof up front.
*As a consumer... You... Are the one that burden falls on to prove otherwise!!! Even with proof... You'd truly be suprised how hard it can be to get things resolved!!! Unless an attorney submits it.
If you don't mind paying for an Attorney... Or you have the extra money... It would probably be best route.
I handled it all on behalf of my husband and myself, but it is very time consuming and frustrating at times... Especially when you have all the proof, and it takes as long as it sometimes does.
We aren't alone in this area. (He's a builder/contractor/financer) He knows exactly what he's doing. He can... More or less act as a Predatory Lender... Putting people in his properties under these Land Contracts—claiming to be able to get them refinancing—exagerates property values, etc... If it falls through... Due to him... Or the purchaser... It doesn't much matter.
He does his Eviction thing... Hopes they don't know... Most just left... Then he hits them with a FORECLOSURE at the credit bureaus. Yet... No one... We came across ever... Received any legal notice of "FORECLOSURE"... Just it being entered on their credit as such.
We thought we were one of the lucky ones. Obviously he's got us for the moment, too!!!
Complaints filed with:
*BBB (Better Business Bureau *FTC-Federal Trade Comm.
*Sec. Of State-KY
*Consumer Complaint's Division-KY-Atty Generals Office.
*and disputes ongoing with the credit bureaus!!!
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