mightymoose

I see that you are an active member so I decided to throw this out there for your response.

I am a 50% member of a Delaware LLC that is licensed to do business in Mississippi.

Events:

LLC received grant/contract to build 125 homes from Mississippi Development Authority.

Required a $250K irrevocable letter of credit in leu of surety bond.

The other 50% partner who is also the managing member put up the cash into escrow.

Due to economy we could not get home buyers financed.

He got nervous and decided he wanted his $250K back which required a voluntary withdraw from the program.

He cut a deal with the state to forfeit a model home (that I paid 50% to build and is appraised at $112K) to get his $250K returned without penalty.

I want the money that I put into the house at least or better my 50% of the appraised value. As a member of the LLC can I put a lien on the model home?

I understand, no problem here.

It is because of the debate that I join these sites. Not for the debate, but for the chance to challenge what I know or think I know and to research it a little more.

I am with you, I would not want to take any action and would act to mediate it if I could. Generally that can be done. It is just that given the right fact set our OP can be booted out unceremoniously and even charged with a crime. But, all that will depend on the owner. What I would not want to see is the OP blindsided by the owner's sudden arrival.

I saw these all the time when I was assigned to civil duties with the Sacramento Sheriff's Department many years ago. And in the city where I currently work, the economy has resulted in a lot of rental issues and people are leaving or going to jail and leaving derelict friends in the home ... we have seen a great many of these cases recently and they make for awkward moments for all involved.

Hi Moose. You responded to one of my posts regarding a 3Day pay or quit and the landloard(property owner) moving back in. The people we had our agreement with and made payments to moved out without saying anything more to us or even asking for the keys back when they left. Now we have the police telling us that we are trasspassing. We still have not spoken to the actual property owner and would be more than willing to make arrangements with them to give us some time to move out, but we don't know who they are (the roommates wouldn't tell us). Are we really considered to be trasspassing now?

Again Moose I wouldn't be surprised at anything that is true in CA. I would totally agree about the property thing, she can't destroy or put his property on the street because she has a due care duty, but the fact that she let him stay there for some imaginary amount of time is not enough to trigger constructive eviction if she put him out.

Where do you draw the line? 1 week? 2weeks? 1 month? 6 months? And who gave you, a cop, the authority to draw that line? I can assure you if I was in her position and I threw a guest out of my house and you arrested me, there would be consequences, and not for me. The only grounds I can think of that you might have is if you were locking him away from his things in a manner that would make it difficult for him to care for himself. But you simply can not make law up and arrest people, that's insane.

By the way, in California anything is possible. You could be entirely right.

Moose I wasn't calling YOU shallow just that your analysis is not rooted in law but your experience. If you will look at the post I researched it and actually posted the Law in Florida. Time does NOT make a resident regardless of your experience. Police no doubt will not force someone to leave after they have been there for quite some time but changing the locks certainly isn't going to make you arrest the homeowner either. I like you too much to call you names.

I think marble should tell us where the photos are so we can be certain that they constitute a violation of privacy.

Moose I have a question: If a police officer stops you for speeding, you are not free to leave so you have been detained (vs arrested). If he then questions you about your speeding and you say admit to using the cell phone while you were speeding he will charge you with Unlawful Distraction (here in GA). Why would your "confession" be admissible? You were both detained and being questioned about a crime (speeding) without the benefit of Miranda.

Can you get over a landlord wanting to keep part of a deposit for WEEDS in the back yard. My God I thought I had heard everything.

hey, just wanted to say hello. did you see what I posted in my odometer fraud case?

I get it No worries!

Hey Moose, did you understand my "you aren't a lawyer post?" I wasn't putting you down. I was pointing out that you have a mentality of a policeman that says, "If we don't have a case we shouldn't try." I totally agree in your line of work. Lawyers, on the other hand, will throw bull shit up on the wall to see if it sticks. That was my point. I was being NICE when I said you weren't a lawyer. Understand?