[Lyn]

I have no first hand experience in this matter, but where is the due process? Sounds like you were denied due process. If you had a lawyer and they didn’t turn up, the case should have been adjourned or it should be grounds for another appeal? Also, a notice/offer on your gate should have been delivered to you as an individual, shouldn’t it? Not just left on your gate? They have caused you harm and distress, threatened your peace with intent to steal your property. Where is the signed order? Is there a court case number listed? Is it a court of record or just a mock trial where council hires a court room but the case is not recorded? Or is this a mortgage related cases? Did they ever show you evidence of the original contract/promissory note? So sorry I cannot help, but there is much to question. Hopefully someone has good advice.

[nessh]

Its a long 8 year saga. But in a nutshell, we have a contract of sale for a piece of land that was to be subdivided for us to purchase. We live and work on the land. The owner tried to sell the whole property and kick us off. We sought legal council and their advice was we stop paying him $4000 every month as it was not part of the contract and to stop speaking with him. This lead to him not being able to repay his mortgage and he lost the property to CBA. CBA appointed receivers to kick us off. After this happened our lawyers HWLe dropped us like a hot potato because apparently CBA is a big client of theirs. We then had to scramble for representation but we don’t to be able to get anywhere with lawyers. Our last lawyer told us we had a Win in court and then the receivers simply appealed it. Then instead of preparing documents for the appeal made told us there was no updates and to wait because the courts were busy and it can take a year or more. In the end he didn’t turn up to the Supreme Appeals Court, they went ahead with hearing and had all our hard work wiped clean so that everything reverted back to the Receivers win. See ‘Hooper v Parwan Investments Pty Ltd & Anor
(receivers appointed)’ if you are interested in the case. We had no idea until June that all this had happened in May. The court ordered the sheriff to get us off the property and the Sheriff put a notice on our property gates to be out by 19th this month. We have livestock and machinery and a house to pack. There’s no way we can get it all done in time. I’m new to the concept of turning offers into contract. Is there anyone who can help?

[morag-janet-of-the-hill-family]

[morag-janet-of-the-hill-family]

That sounds like an option you have as long as the court order has all the requirements of a negotiable incomplete instrument with the signatures/seals of the party making the offer.

[Lyn]

Yes, you can create your own BOE and hand it back to them. Have you read the manual? There are several good examples of how you can handle the situation from Page 195 onwards, and others throughout the manual.

[nessh]

Thank you for this advice. Which manual are you referring to?

[Lyn]

Mark’s Workshop Manual. He has scripts from court cases, letters and examples of how fill out forms along with instructions.

[Lyn]

It’s a 300 page eBook Workshop Manual under the Knowledge Tab – $199.00

[nessh]

Thanks, I am buying in now and will try and learn it quickly 🙂

[Lyn]

Wow. What a complex problem! Leasing (?) presents another issue that complicates the matter. Was the agreement to subdivide in writing? Which state are you in? Rod Culleton has had some wins with land acquisitions. Was the Sherriff’s order signed by a magistrate- not just a stamp – and delivered in a sealed envelope in person?

[nessh]

Yes we have a good strong contract that has preserved our rights. What was not written were the verbal agreements where the developer said we were like his partner and whatever improvement we did on the land would be to our advantage because it will be ours etc. So unfortunately we did a lot on the property in anticipation but the subdivision didn’t go through. We tried to get the Receivers who took over the developers defunct company to perform the contract. We won but the Receivers appealed. For some reason our lawyer didn’t submit anything or show up to the appeal. The hearing went ahead even though we were not there and the Receivers got what they wanted. The sheriffs notice on our gates didn’t have a signature because it’s not a warrant. The court has issued a warrant for possession with a seal and no signature. I think that allows the Sheriff to get a Warrant (with a signature?) and enter the property.

[morag-janet-of-the-hill-family]

you need to put a caveat on what you have done on the property. Use invoices for materials and diary recordings of your work done and the time spent as evidence of the cost of the improvements and labour you have done. Then when they sell you will get back the value you have input into the property.

[Lyn]

Any update? How are you going?

[nessh]

The Sheriff came to make sure we left. Once we vacated, the Receivers mounted surveillance cameras around the property, changed all the locks and locked the gates. Then we were told by our lawyers that we could expect a big bill as we will have to pay all the costs because we lost our case against the Receivers. I don’t have enough knowledge to handle the costs coming our way so I’m going to focus on studying Mark’s materials. I’ve bought the necessary courses. I still feel heavy with trepidation for what is to come.

[morag-janet-of-the-hill-family]

Maybe pay for an appointment with Mark so he can help you?