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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am writing a very complicated complaint, I have no

Customer Question

I am writing a very complicated complaint, for which I have no experience. Will you guide me & check my work for validity?
Submitted: 11 months ago.
Category: Legal
Expert:  Kelyn1 replied 11 months ago.

Hi my name is ***** ***** I may be able to help with this. Could you give me a bit more detail, please? Who is the complaint to? What is it about? Basically, summarize the complaint for me.

Thanks

Bethany

Customer: replied 11 months ago.
Hi Bethany,
In early 2009, I was very depressed and my physical health was becoming a problem. My daughter was abused by my ex-husband for 19 years. She didn't tell me because he convinced her I knew and said it was OK. Our relationship has been very difficult. She was becoming more distant and I was sure she was getting ready to take my grandchildren and disappear as she had in the past. I was also behind on my property taxes. I owned 10 acres with a double wide mobile home. One neighbor made one complaint to the county because my property was messy. I was trying to clean it, but my progress was slow. The county sent a letter saying they were going to foreclose. I've been in treatment for years for my depression, post traumatic stress disorder and obsessive compulsive disorder. When I'm as sick as I was back then, it's almost impossible to handle business matters. I tried to make a few calls to real estate agents and banks, but it was exhausting after just a few minutes each time, so I didn't get anywhere. I was sure I'd be thrown off my property in April from the foreclosure and the county was threatening to fine me $1,000.00 per day if my place wasn't cleaned in 30 days. Then my granddaughter ended up in the hospital for 5 days. It was very serious and they were 100 miles away. That's when my daughter cut me off. Not long after that, she took the 2 of my grandchildren that lived her and disappeared. It's been almost 7 years now since I've seen them. When all of that was happening, I was over whelmed and becoming suicidal. I thought if I sold the back 5 acres, I could get caught up on taxes. People that I thought were my friends; Gary and Joyce Dorris said they had a friend that might be interested. His name is***** He said he wasn't sure and he'd get back to me. I thought that my time was running out. When he came back with an offer, it was only a few weeks before what I thought was the foreclosure deadline. He said it would only work if he could have the whole 10 acres, be he couldn't afford it. He offered to give me a Life Estate so I could stay in my home in exchange for $2,000.00 in cash, he'd pay the back taxes which turned out to be less that $2900.00 and he'd take care of everything. The house needed a lot of work and I was desperate, so, I accepted his offer. We went to the assessor's office to fill out the quitclaim deed and other paper work. We passed the papers back and forth to get everything filled out and signed. I wrote Life Estate on the quitclaim deed. I found out about 2 years later when reading a deposition that my lawyers took, that without my knowledge, Stanberry saw Life Estate on the quitclaim deed, pulled it out, got another one that he filled entirely except for my signature, slipped it back in and I signed it, not realizing what he had done. That's when the nightmare began. We were supposed to be working together to clean the property. When I told him I needed him to make some important repairs; connecting the 2 toilets to their water supply, which would have cost less than $15.00 and taken less than a hour and all of the faucets leaked and the kitchen and laundry room faucets only leaked because the pipers were clogged because of hard water deposits. He showed up with a 5 year lease, saying it was just a formality for his getting insurance. I thought the Dorris' were looking out for me and trusted Tom because they said he was a good guy. I signed the lease because he was rushing me so we could get outside to work because it was very hot. When I went to read the lease later, he had taken my copy. When I requested a copy, he didn't give it to me until October. He had made me responsible for all repairs, which is why he wasn't making any. We had agreed in the beginning that my rent would be $1.00 per month. I paid him the first years rent the same day he have me the $2,000.00 cash and we had just signed the deed. I didn't get a receipt. Later, when I got a lawyer because he wouldn't make any repairs, he tried to evict me because he said I hadn't paid rent. In a deposition he said that we ran into each in Walmart in I wanted to pay the rent, but neither of us had the right change, so he told me to just send it to him when I could. Another depositions said; all parties agree that Ms. Love offered the rent to Mr. Stanberry, but no one knows if he took it. When I sent a letter requesting repairs again, he sent a letter saying that I hadn't paid rent, putting me in violation of the lease and that he was going to change the 5 year lease to a month to month if I didn't pay the rent and that he came to the property from his place on the coast, 4 times, with a work crew each time, but I wouldn't let them. I have repeatedly requested documentation to prove that he gave me notice that he was coming to make repairs, the gas and food receipts and contact info for his "work crews", he ignored each request.
Customer: replied 11 months ago.
My attorney; Hans Slette, with Northwest Justice Project started out strong. They took the depositions that I later found had a wealth of info which they didn't use to help me. Another attorney; Lorna Randall, who was a previous friend of Hans' joined NJP. They seemed much more interested in each other than my case. They pressured me into mediation just 6 or 7 weeks before our trial date. They pressured me into signing a CR2a agreement, without explaining that I couldn't reverse it. They wrote an agreement that gave Stanberry everything, I was supposed to get $2,000.00 to start the move off the property, another $2,000.00, when I was off the property, IF Stanberry said I had left everything to his satisfaction and another $2,000.00 only if I had received the second payment. It also said that we couldn't hold each other accountable for anything, even though he had been stealing all of my personal property; building supplies, etc., whatever he felt like taking, putting white spray paint on my red car, damaging my stuff, making false reports to the Sheriff and County about me, etc. When I got the final agreement to sign and read what they had put in it, I refused to sign it and refused to vacate the property. I was forced to sign it later in court. I tried to appeal it, but I didn't know what I was doing and it failed. I had to get a bond so that Stanberry wouldn't lose anything while it was with the appeals court. He asked for $25,000.00. The judge made it $12,500.00. I've been making $150.00 a month payments on the bond ever since. My friend Eleanor signed for the bond and took me when I was left homeless. I fired Hans and Lorna for what they had done to the agreement, but they wrote up their withdrawal from the case so that no one in NJP will even answer a question for me. I have been trying tight this on my own, but I obviously don't know what I'm doing. I was evicted in April of 2014. Because of my health problems, I was repeatedly injured; several falls causing cracked and bruised ribs which took about 6 weeks of recovery time each time and the before the eviction, I fell down the front steps, breaking a bone in my left hand. My condition made it almost impossible to get anything packed. When I was evicted, I was barely able to walk because of the pain in my back and legs. I had 3 ninety pound dogs, on leashes, that didn't know what was going on. I was determined to stay calm so that the dogs stayed calm. The lead deputy, Keith Seiverts was especially nasty. I said I couldn't leave without my 3 cats. He told me I could get my cats later, but it I came back, I'd be arrested. I believe that Stanberry and his people killed them. They were supposed to take my stuff to the first public property. They actually took to the top of our hill, still on my neighbors property and began dumping it. I camped there for 4 days in an attempt to protect my property. They went through boxes that were packed and damaged everything they could. They took family photos off the wall and threw them in filthy boxes from outside. New shoes were out of their boxes and separated. All of my files were in trash cans. Everything I owned was treated like trash and dumped on both sides of the access road. Stanberry called the Sheriff's dept. and told them that he had brought it all, so I had 24 hours to remove it or lose it. The civil specialist for the Sheriff's dept went to him on my behalf to tell him he hadn't brought everything. He told her had taken and dumped it and showed her the house was empty. When I told her he hadn't brought my washer, dryer, box spring and mattress and other things. She went back to him and he admitted he still had some stuff. He had refused to give me my boxes and rolls of tape, hand trucks, wheel barrows that I needed to pack and move things while I was camped out. I broke another finger of the same hand the first night I was camped out, so I could barely move things without my equipment. I wrote a list of things that he still hadn't brought on boxes and put them on the road he drove up and down, but still wouldn't bring them. I have a utility trailer that I needed to pack, but he wouldn't bring it up with the rest of my stuff. It had my coat, meds, pillows, blankets, etc. when I was evicted. The same woman from the Sheriff's dept. went back to him and made him bring it to me. She said he was very angry because he wanted to keep it. He filled it with garbage and parked it far away from everything that needed to go in it. I made almost no progress trying to pack. A woman with a truck stopped to see if she could help. She brought the trailer up to where my stuff was and said she'd come back and haul it for me. Stanberry again told the Sheriff's dept. that he brought everything and my 24 hours was again starting. The woman from the Sheriff's dept. had given me her cell phone number because she was off for the weekend and she said I could call.
Customer: replied 11 months ago.
When I called her, she told me to call 911 to see if they'd help. The nasty deputy called back and said he wasn't going to tell Stanberry to bring my stuff faster. I said I just wanted it, but he wouldn't help. A few people were trying to help, but it was still almost impossible with so much heavy stuff, spread out through sage brush on both sided of the road with no equipment. Soon Stanberry and a horrible woman came up to where we were packing and they starting telling us we had to leave, that everything now belonged to him. We tried to keep working and ignore them. When we were trying to hitch up the utility trailer, they sat on the tongue and refused to get off, saying is was his now, we were all breaking the law and we all had to leave. Everyone had been calling 911, but they wouldn't help. Our Sheriff's dept. is very poorly run. Finally they said they'd send a deputy. When he pulled in, they jumped off the trailer. He chewed Stanberry out and told him to leave me alone, but by then, everyone had had enough and wanted to leave with what they'd gotten for me. I was forced to leave about 95% of what I owned. I don't know what he did with it. By law he had a lot of responsibilities, but as usual, ignored them. He now says I owe him another $54,000.00 plus. There's more, but I'm very tired. I'll get some documents ready to send to you. Thanks, Bonny
Expert:  Kelyn1 replied 11 months ago.

It sounds like you've been through a lot but I'm afraid this is way out of my field. It sounds more like you need a lawyer. I am going to have to opt out, but I will contact the moderators and ask them to get you in touch with one of the people in our Law department. I'm so sorry for all that has happened to you and I really hope that it turns out well for you.

Regretfully,

Bethany

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR.
What is your specific question about this horrible situation you are faced with?
Did you go back to your attorney about trying to resolve this matter yet?
Customer: replied 10 months ago.
I need to write a complaint correctly first of all, so I need guidance. Also, I need advice on what is practical. Since I don't know the law, I don't know if the CR2a that I signed is legal. Stanberry seems to think it protects him from taking all of my stuff during eviction, killing my cats, slandering me to low income housing so that I can't get affordable housing, does it mean that he'll get away with switching the quitclaim deeds. I have the deposition where he explains how he removed the quitclaim deed that I had written "Life Estate" on, put in the new one, destroyed and discarded the one with Life Estate on it when he left the court house. I also have a witness who stood with Stanberry and I while I explained that Stanberry now owns the land, but I'll be able to live in my home for the rest of my life. He'd written a statement saying that we were all talking together and when I said that, Stanberry just didn't say anything. There's lots more, but lets start with this. Thank you, Bonny
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
If you are thinking you are going to be able to handle this in court without an attorney when you have alleged fraudulent quit claim deeds involved, you are really putting yourself at a severe disadvantage.
However, all of this is going to require you filing a civil suit in court against him for all of his conduct. You are going to have to sue for replevin, which is the common law tort for return of your property, fraud, conversion (taking your property as his own) and seek the court to order return or payment for the value of the property.
As far as the fraud by submitting the other quit claim, you need to prove the existence of that quit claim reserving your life estate. So hopefully you have a copy of that.
You can no longer settle this by writing a letter to anyone or doing anything else without going to court. So you need to get a local attorney involved now to take this back to court to sue to recover your property and you are going to need your evidence to show that you never abandoned your property and he cannot claim abandonment when his own conduct prevented you from getting the property.
The other thing is you have to prove he had no court order to seize your property to pay the money you owed him from court as well, to show he had no legal right to keep your property.
The facts you disclosed above are mixed in with personal issues not related to the actual fact that he filed a fraudulent quit claim and he is taking your property without court order and without your consent, so in the court complaint the personal issues need to be removed and just the facts are going to have to be put together in chronological order, the order in which they occurred with dates as well.
Legally, the state law forbids us from writing this for you AND you really will need an attorney to file this as a suit in court to recover your property he is taking, as that is your sole remaining option at this point.
Customer: replied 10 months ago.
I'd love to get a lawyer, but I have no money and I'm on disability, which is why I've been doing this myself. As far as evidence goes, I've got his admission in at least 1, but possibly 2 depositions, explaining how he pulled out the deed saying Life Estate and replacing it with a new one, filled entirely by him, except for his signature. He then says he destroyed it and discarded it at the court house, and that both deeds were notarized and filed and that only one was submitted, notarized, then the assessor wrote Life Estate on it, then it was filed. These 3 explanations are within about 3 pages of the sames deposition. As far as writing the complaint, I'm going to have to do it, but I do need to make sure I'm doing it correctly. Stanberry claims that the CR2a agreement that my attorneys wrote, absolving him of all wrong doing, protects him from everything he has done. I need to know if that is true. Can I email you the complaint as I write it for you to critique? Will you advise me of the RCW laws that apply to my case. I have no option that I can see, except to fight this myself
Expert:  Law Educator, Esq. replied 10 months ago.

What you are asking now comes down to practice of law which is prohibited by WA law for anyone on this site to do with you. The WA law considers what you are asking to be representation and we cannot do that for anyone on this site.

You can get a local lawyer though, even though you cannot afford one by going to legal aid office near you or by calling the WA bar and asking for the pro bono attorneys in your area to represent you.

We cannot provide the detail you are asking regarding a complaint you are writing to submit in court I am afraid. We can generally guide you, but when it comes to statutes and case law, that is something you need the local attorney for if you are not going to do that yourself. You also need to get the local attorney to read the CR2a agreement, because if you did sign this agreement then it could very well be you would be prevented from suing him over this.

Customer: replied 10 months ago.
I already have a suit filed against him in this case, but I didn't know how to write the complaint, and Stanberry is also representing himself, since he cheated both of his previous law firms. He also did not write his case properly, so we have both been ordered to rewrite them, which is what I am going to do. I know this seems crazy, but I have no choice. I have researched some of the laws, and I've begun my new complaint, but I will need guidance. I contacted the bar assoc. and they said they have no pro bono list. I've tried contacting lawyers, but they've so far all said; "they don't that", about 5 minutes in. If you have any other ideas about who might be able to help, I love to hear about it.Can I send you a copy of the depositions in which Stanberry describes switching the quitclaim deeds to that you can see if you think it shows his intent to defraud? Wouldn't that first bad act void everything after? What laws do I look at to cover my attorneys writing the CR2a agreement that completely favored Stanberry, protected him, and left me with nothing?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
Here is a sample of what you need to do to write your complaint, we cannot write it for you, that would be a violation of state law: http://westseattleblog.com/blog/wp-content/uploads/2009/06/zzaerosuit.pdf
You need to plug in your own facts in the format at the link above (copy and past link into your browser for it to work). You need to stick to ONLY MATERIAL FACTS, not all of the personal stuff. You need to follow the format at the link above.
As far as your attorneys not writing a proper CR2a agreement, that would be a completely separate case against your attorneys and that would be for malpractice if they were negligent in representing you. For that you have to file a separate suit against the attorneys, not Stanberry

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