I was buying a house from Scott Shepherd of Shepherd Properties, the house he showed me was in bad condition but I did not know how bad it was untill I signed the contract. This house had rotted subflooring that was not found untill I went to replace the flooring in the entire house and that led to me finding rotted floor joist, kitchen cabinets rotting through the floor, entire bathroom floor was rotted, the entire back end of the house was rotted, the stair case fell apart and that led to me finding walls that were rotted on the seal plate / bottom plate on 4 interior walls. I brought this to Scott Shepherds attention and told him I could not move in untill these problems were fixed. He asked me how long it would take me to fix the problems I told him atleast 60 days "he then told me during that time frame I did not have to make the payments, but I did make payments and asked him to put it towards the base price of the house" actual time it took me 8 months before I could move in, I moved in the house in December I turned the base board heaters on that he had in there and they caught fire, so I removed them all and payed to have a brand new furnace installed including new duct work $7500.00 on top of the $63,000.00 I had already invested in this property.in June he filed an eviction notice, we went to court and he says to me "Zach now they are going to give me the property today but as long as you pay me I wont enforce it" we get up there to see the judge she asked me if I was behind in rent I told her no and made my case there in front of scott so she re set the court date but did not issue the WRIT. Scott calls me to meet we go over all the rent stubs at his office and they show I have over paid Scott by $900.00 and my next payment wasnt due till 1 Sept so neither of us show to court at next hearing.
On August 6 I receive a letter from the Small Claims Court telling me I have to be out on August 6 but we did not receive the letter till Sunday August 7 when we got home then 30 min after reading that letter Scott shows up at the door telling me that I need to give him the money I owe him Monday Morning or he is calling the Constable to have my things removed, I told Scott I was not late on anything and he says the judge sided with me so I want you out.
What Scott failed to tell the judge was these were all Land Contracts not rental properties to all people affected by this man I am suing him in court for damages and all the upgrades and unlawfull eviction. If you were evicted by him it was illegal cause a rental property is different from a land contract and he did not disclose this to the Judge making all his evictions Illegal. Marion County small claims court.
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