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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29246
Experience:  29 years in civil, probate, real estate, elder law
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Can a judge order a person to deed a property back to a disolved

Customer Question

Can a judge order a person to deed a property back to a disolved LLC. I thought a disolved LLC means it doesn't exsist and if that is the case it is like deeding something to a dad person
Submitted: 3 years ago.
Category: Legal
Expert:  Ray replied 3 years ago.
Thanks for your question.A judge here has the power to order pretty much anything and this is certianly possible give the right facts.You can appeal any court orders to the court of appeals if you disagree with them and want to seek a different outcome.
Customer: replied 3 years ago.
What can I do to change this. She got over $120,000.00 from me and the property is now my homestead?
Customer: replied 3 years ago.
What can I do to change this. She got over $120,000.00 from me and the property is now my homestead? She has lied and there is no way for me to prve it. The Atty. who I hired who was suppose to be very good told me at the arbitration that I was screwed.
Expert:  Ray replied 3 years ago.
You will need to appeal here.You always have appeal rights in the matter.You may need a new lawyer and a change of direction.I am sorry that you did not get a fair outcome.Perhaps an appear will have a better result.Contact arbitrator or new lawyer here about appealing this.
Customer: replied 3 years ago.
I guess you do not understand, I am REALLY BROKE. I am $25,000.00 in credit card debt. and NO ASSETS. I am going to send an Affidavit Accompanying Mation for Permission to Appeal IN FORMA PAUPERIS, will that do? How ong will that take? What are my chances? I now only have SS to live on.
Customer: replied 3 years ago.

I guess you do not understand, I am REALLY BROKE. I am $25,000.00 in credit card debt. and NO ASSETS. I am going to send an Affidavit Accompanying Mation for Permission to Appeal IN FORMA PAUPERIS, will that do? How ong will that take? What are my chances? I now only have SS to live on.

 

No one will do pro bono on a civil suit.

Expert:  Ray replied 3 years ago.
You have a chance.You are doing the right things here with the affidavit.See how the appeal turns out here.An appeal may take six months or so here for it to go through the process.
Customer: replied 3 years ago.

The History of McLean and Kopp

Leon and Mary Ann Kopp meet on the internet in 2001 and the thing that sparked my interest was that she was a realtor and I wondered if I had done any business with her. We exchanged phone numbers and I found out that she knew a few of the people that I knew. We started dating. I gave her a key to my condo and she would come over and we would go swimming. One of my neighbors warned me about her but I didn't listen. Kopp has a place in Bonita Springs Florida which is a 2 family and is on an illegal canal. She bought the property on a 1031 exchange. I managed both properties in Florida plus did all the repairs, evicted the tenants because of bad decisions on Kopp's part. I used my money and my credit because Kopp promised to pay me back but never did.

The condo - Mary Ann met some developers in Bonita Springs and they had converted a 10 unit motel into 12 condo units and they were selling them off. The developer of the project was going to build a 200+ project in front and to the side of this small complex and would give the owners of the small condos a chance to trade up. The small complex was on a canal and in between the proposed new complex. This canal thing is a big deal in Florida. Kopp convinced me that we should buy a unit and put it in both our names because we were married at the time. The developer died and so did the development. I rented the unit out through VRBO and if we were short I would make the payments. There is now a full time tenant in the unit that pays $1,000.00 and the money for the rent was put into a joint account which Kopp would make the payments from to the bank, taxes, insurance, and condo fees. Kopp managed the account for the last 4 years and has closed out the joint account and put all the money ($7,000.00) into her name alone. I did not know she did this until this year. The condo loan was an equity loan and I asked for $127,000.00 to finish the purchase. At this point Kopp didn't have any money invested in the purchase of the condo. This year, again unbeknown to me, she drew out $19,000.00 from the line and put it into a personal account in her name at Wauwatosa Savings Bank. She is collecting the rent but has stopped making the loan payments in August of 09 so the condo in Florida is 4 months delinquent. Because of this delinquency my credit is trashed and I am having a problem finding a landlord to rent to me.

Divorce - We were married on April 15, 2002 and in 04 Kopp filed for a divorce. The hearing was supposed to be in Jan. of 05 but Kopp had surgery so she had it postponed until Feb of 05. I continued to go with Kopp to and from FL. Plus I lived on the 2nd floor of her condo in Hales Corners WI. I continued to ask for my money and while I was away in Sept. of 04 she had her relatives moved all my stuff into her garage. I never did have a key to the house even when we were married.

Muskego I moved into an apartment in a building she bought in Muskego on a 1031 exchange before we were married. I did all the negotiations on the purchase of the Muskego apartment property plus again I did all the repairs, contracts, and evictions on her building for her in Wisconsin. I entered into to an offer to purchase that I would buy ½ of the building from her units 1, 2, 3, & 4 a/k/a A, B, C, & D. She offered me the whole building on a land contract but I didn't want the whole thing because it would be a commercial loan where as a zero lot line would create 4 units and that would be a residential loan. A residential loan can be a 30yr fixed rate where as a commercial is a 1, 3, or 5 year balloon. In the offer I had the attorney state in an addendum that any work I did on the building I would be reimbursed for if it did not close. As a seller she was to prepare the paper work for the LC but she was always to busy. In 07 she sold 5 (F) and 1 (D) to herself so I couldn't get a loan on the building. She then sold 4(A) to a friend so that really made it impossible to buy any ½ of the building. The reason this building is important to me is that ½ of the 8 family was worth $450,000.00 and she accepted an offer of $350,000.00 which would have made up for some of the money I paid out for things that she said "I'm going to pay you back". In the addendum to the offer there was a provision that if I did any work on the 4 units and the deal didn't close Kopp was to reimburse me for any money that I had invested in the units. I put in 4 new furnaces at a little under $10,000.00 plus I had 3 units painted at $800.00 a piece and numerous repairs and again she hasn't paid me for these things either.

Cabin - A handyman friend of Kopp's, Ray Petroviak, came to her with a deal on a log cabin just north of Wisconsin Dells, WI. She told me we could make some money if we bought it, and had her handyman friend, Ray Petroviak, do the work. I did all the negotiations on the deal and got the price down to $65,500.00. I put up ½ of the money and set up a LLC (partnership) showing what each individual would have coming at the time of the sale after Ray finished the unit. I did this in Sept. of 06 and that is when I still trusted Kopp. We went to Florida so I could do work on her 2 family and when we got back in March of 07 I found out that not only didn't Ray finish the cabin but he moved in and brought his 2 girlfriends along with him. All he did was install the kitchen cabinets that I bought. I told Kopp about the move in and she talked to Ray and he said he wanted to buy it but at less than what was invested in it. Ray went for a loan but because he had a judgment of $25,000.00 for non payment of child support he couldn't get the loan. He wanted Kopp and me to payoff his child support but that I wouldn't go along with. With out almost no help from Kopp I started eviction proceeding in April of 07 and finally had to take it to court in Sept. of 07. Finally in Jan. ofXXXXXordered him out of the property by Feb. 15 2008. He did move, took $9,000.00+ of my stuff that I had storied at the cabin and trashed the cabin. I would estimate the repairs would be in the neighborhood of over $30,000.00. While he lived in the cabin, he never paid rent, taxes, insurance, or utilities, I did. I told Kopp the only way I could afford to finish the cabin is to take it out of the LLC and to put it into one of our names. She agreed to let me put it in my name. I went for a loan but was turned down because one of Ray's girlfriends filled a contractor's lien against me, Kopp, and her boyfriend Ray, for painting an 800 sq.ft. ceiling in the cabin which she said took her 96 hours. I got myself released from the lien because I didn't hire her and went back for the loan but they changed the rules. I told Kopp that the LLC had to be dissolved and she was OK with that. When I went to Madison to dissolve the LLC I asked Kopp if she wanted to come along but she was sick that day. I was paying Kopp rent at the Muskego apartment and driving back and forth 140 miles 1 way so I moved up to the cabin to finish the work. I put in all new windows, complete new heating system, new plumbing and tank less hot water heater plus some new wiring and lots of cleaning and repairs. I also had the fireplace repaired and put new widows in the doors because Ray burned out the old ones. I tired to get a loan again but because of the condition of the property the places that I applied at turned me down. I finally found a credit union that would co-operate with me but again I was turned down because Kopp had filed a Legal Stipulation against me. I did all the work on my charge cards and I am now in debt to the tone of $50,000.00+.

Trailer - Kopp and I bought a 32' travel trailer together (I still trusted her) and the last site we had it on was in West Bend. We each paid ½ of 09 rent for the site at the end of 08 because they gave a discount then. Kopp took the trailer off the site some time in late spring of 09 and I have no idea where it is. I paid for some of the remodeling on the trailer, painted the roof, replaced the vents on top because Kopp let her friend use the trailer for a week and broke the old vents. I paid for the deck lumber and Kopp said she paid her friend Ray to build it with my help.

Goal - Kopp and I are no longer together and her goal is to get all my money and put me in jail. In the last 7 years I figure I have lost ¾ of a million dollars and even thou we were married it was more like a partnership than a marriage. There was never any intimacy exchanged after the wedding and what I thought was love was really drama. She takes a lot of mussel relaxes, pain pills and to speed up the effect she drinks liquor to the point that her mind blacks out. Kopp then becomes very violent. She has tried to run me over 5 times with a car. She has thrown knives, dishes, tools, and anything she can get her hands on and I have police reports to prove it. She even took off her top in Florida and paraded up and down the street pouring vodka over her. When she would get like that I would lock my bedroom door because I wanted to wake up alive the next day. She remembers none of this put apologizes the next day because she sees the mess and says she is going to stop the drinking. My Attorney indicated to me that I will loss the cabin and all of the money I have invested in it. I have proof on paper of all of this.

Friends - I have very good friends and family, especially God, Vern, Ron, Hilda, Marsha and many others and with out them I don't know what I would do. What a life
Expert:  Ray replied 3 years ago.
All you can do is try to keep your lawyer if at all possible.Certainly if you are going to appeal here a lawyer to at least get it started would be an asset.But filing the affidavit and seeking reversal and a different outcome here is the correct approach.Certainly you have been through a lot here no doubt.You hope for a better outcome on appeal.
Customer: replied 3 years ago.
The lawyer I had wants $25,000.00 and I don't have that, so now what?
Expert:  Ray replied 3 years ago.
Negotiate with lawyer--see if there is any chance at contingency here.I am not sure if a bankruptcy filing here might stop collections by the other side but its a possible option.Go pro se here and appeal with pauper's affidavit.Your lawyer rmight agree to help you say brief the issues here for reduced rate sort of help you pro se it with a little help from him.Try to check out all alternatives .Certainly you cant try pro se appeal here.
Customer: replied 3 years ago.
Is there anything I can do to have the judge change his mind about me staying in my home now?
Expert:  Ray replied 3 years ago.
You would need to appeal here seeking TRO or permanent injunction here to stay eviction here by the other side.The court can do this on your request.
Customer: replied 3 years ago.
It was the judge who evicted me. her atty. was there to ask that I pay ALL of her atty. fees.
Expert:  Ray replied 3 years ago.
The appeal court here can issue a TRO or injunction as part of appeal to stop eviction.You would need to ask this as part of your appeal.
Customer: replied 3 years ago.
How do i do that?
Expert:  Ray replied 3 years ago.
You would ask as part of your appeal here that the court issue court orders to suspend the eviction order entered by the trial court in the case number....pending the completion of the appeal of the matter.You would need such an order to stop them from evicting you here.
Customer: replied 3 years ago.
The judge was the one who ordered the cabin (my home ) sold and made me put it back into the LLC. The judge gave my X full authority to sell the property with the sale split. She is a Real Estate broker and I got a copy of the condition report. According to her the property was in perect shape. Trust me, it isn't. When someone would come to look at it I would tell them about the water in the basement in the spring, the roof, the electrical, the mold and the carpenter ants. The judge said I was interfering with the sale. She knew about all the short falls and lied. I don't want anyone buying this place and getting stuck with it. I am wondering if I have a chance with the appeal.
Expert:  Ray replied 3 years ago.
Appeals in general say one out of three.If you are pro se I'd say on out of five.You had a lawyer at trial thats a good thing.There may be objections or other points of error that he raised properly or objected to that an appeals court might reverse on.I don't want to lie to you the odds are not in your favor overall in any appeal.Reversals happen but you need to know its uphill here.
Customer: replied 3 years ago.
I bet you thought I went away. (lol) I am going to file for bankrupcy so I need a GOOD referal in either Adams County or Dane County. I want to thank you for your honesty in your last message which makes me feel like I can trust you.
Expert:  Ray replied 3 years ago.

Legitimate lawyer referral

 

If you have a legal problem and are looking for an attorney or other legal services in Wisconsin, the State Bar's Lawyer Referral and Information Service may be able to help. We're here to help you figure out if you need a lawyer, and how to proceed if you do. When you call the service, you will not get legal advice. However, you will talk to a legal assistant who is experienced in analyzing potential legal problems - and in helping you locate the best source of help.

After speaking with an LRIS legal assistant, you may decide that you need to hire an attorney. If so, we can refer you to an attorney in your area who has indicated an interest in your type of legal situation. Attorneys referred through LRIS agree to charge no more than $20 for the first consultation up to one half hour.

In some cases, you will resolve your legal issue at the first meeting. If your problem requires work beyond the first half-hour, you will be charged the lawyer's regular fees.

Call us: You can reach LRIS by phone at(NNN) NNN-NNNNor(NNN) NNN-NNNN(in Dane County and outside of Wisconsin). We are open Monday through Friday from 8AM to 5PM.

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Customer: replied 3 years ago.
Where are you physically and do i always talk to you or is that just a stage name?
Expert:  Ray replied 3 years ago.
You can post for Ray here anytime on JA.I am a Texas lawyer for 26 years.You sure have an interesting case here.I hope you are able to appeal and seek a different outcome.It does not seem that you got anything near a fair hearing on all of this.
Customer: replied 3 years ago.
If I file for bankrutcy can that stop the judges order for eviction? The order for eviction came about because i was interfering with the sale of the property, it was not a money issue that i owe money to.
Expert:  Ray replied 3 years ago.
A bankruptcy might well stop the process here.The automatic stay prevents any further legal action as long as bankruptcy is pending here.Certainly it is something you shoudl consider as an alternative.I would want you to have local bankruptcy lawyer go over the orders to see what all this might stay and even discharge.Its possible it might be a really good way for you to stop the process.This is a common means for judgment debtor like you to stop enforcement of a judgment or at least parts of it.
Customer: replied 3 years ago.
How do I get a Wisconsin expert to answer my questions? If the bankrupcy stops the eviction i will file today.
Customer: replied 3 years ago.
Relist: Ray was very good but I need an answer on Wisconsin law. Can a bankruptcy filed today stop an eviction filed by a judge on Oct. 28, 2010?.
Ray was very good but I need an answer on Wisconsin law. Can a bankruptcy filed today stop an eviction filed by a judge on Oct. 28, 2010?
Customer: replied 3 years ago.
Ray, thank you for all your help . I guess I need a lot of prayers and Jesus's help because the devil is sure doing a job on me now. In a legal journal Judge Sosny was pompas and above the law and that is the person who who is making the decesions. I guess I never even had a chance.
Customer: replied 3 years ago.
Google his name some time JUDGE WILLIAM SOSNAY.
Expert:  Ray replied 3 years ago.
I'll leave this for local Wisconsin lawyer, you were not charged..

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