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We conducted a commercial transaction where the owner

We conducted a commercial...

We conducted a commercial transaction where the owner financed the loan, we have never missed a payment, not ever late in fact we complete leased the properties something the last owner could not do.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I have question It seems the pervious owner has been coming onto the property and talking to all my tenants bad mouthing my husband and I and making statements to the effect that he is the lender and as he see fix he will foreclosure on us and then they have to pay him the rents. He went as far as requesting last month rent from one of the businesses. On a weekly basis he brings his personal trash from home and dumps it to one of my tenants garage bins, when the business owner asked him to stop he replied that he owns the property and he do what every he likes. He is harassing my tenants and caused me to lose a long term lease. The bad news is I have been hearing he is an old man scammer and his goal is to take the property back and keep the down payment as well as all the loan payments. How do protect myself from him hasessing and slander me? As well as protect my investment.

Lawyer's Assistant: Where is the home located?

It’s in Lodi ca and it commercial / residential

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have many question but the only other time sensitive is should I file in recorders office to alert or hold transfer or out right him selling to someone else because of legal questions with regards ***** ***** was not correct on one of the two APN

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Answered in 19 minutes by:
5/23/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

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Customer reply replied 2 months ago
Sure

Thanks for your patience. So, the landlord has given you and the tenants exclusive rights to the property in exchange for the loan, then the landlord is engaging in a trespass to land as a result of his actions by throwing garbage into the tenant trash bins.

In CA, parties to a contract are also supposed to act in good faith and his failure to just let you enjoy the premises means that this appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can just purchase, download, and go. Click here to get started.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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