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2012 or so. We move to West Virginia to raise what is now our five children, and my health is seriously damaged by our homesteading farm construction activities. 2022 or so. We sell our property and find the Cherryville property for sale on the internet. 10/19/22. I sign a contract to buy 1656 Cherryvile Road, "all that real estate described below"... 10/20/22. Debra Raines, seller, signs the contract. She submits a survey to Cleveland County to divide the property into 2 parcels. A little late for that, huh? Survey is off by almost an acre out of appx 22. The parcels are supposed to be appx 10 and 12 acres. - Nikki Wood was dual agent. She is young and acts new and clueless. There is another agent behind her, Melissa Bradshaw. Wood recommends T. Brandon Jaynes as the closing attorney. -Wood and Jaynes turn out to work at the same company, JPS Group. Which contains JPS Realty and JPS Law, etc. -Jaynes works alone with one assistant in an office that appears to be closed most of the time. -Jaynes takes over from the realtor to work out the deal and answers questions on phone and in e-mail about the property. -The property was a foreclosure, purchased by the seller at $125K four years prior, but Jaynes tells me that she paid $145K. We are to pay $175K. (You can see the trick, if he had said that she had paid $125K for ~22 acres, and we were supposed to pay $175K for 12 acres, that would have never worked. Also, the MLS ad that they trotted out later has a fair market value at the top which is for the undivided lot.) -The property was previously put in a "Ladybird" life estate by Brenton S. Begley. -Prior to closing on 11/2, I request a draft deed, as usual. Jaynes sends the draft deed without a property description. Upon request, he provides a description at the last minute, saying that the property is 24.92 acres. I approve the purchase. The deed also states that the property is Raines's Primary Residence. The contract had a parcel ID number which appears in the county GIS, showing the entire parcel. -After closing, Wood and Raines both drop off copies of the survey that is mentioned above. I thought it strange that Wood would show up with a survey that was that far off, but without a deed. At the one time I talk to Raines, she gloats to me about the sale and how pleased she and wood were with the money. -Upon inquiring of Jaynes about the survey and deed, Jaynes informs me that the deed was a "mistake" and that Ishould "do the right thing" and sign back appx 10 acres to Raines. It would be as simple as signing a "deed reformation". He still avoided giving me a copy of the closing papers. -I refused to sign anything. -The portion of the property in dispute is appx 10 acres of road frontage including a fenced in compound with an old trailer once used as a used car lot. -Raines makes appearances of living in this trailer. She keeps a bulldog and locks herself inside the 8 foot fence. -Raines avoids talking to me about this "mistake" deed. Raines files suit, only suing me (not my wife, who is also on the deed) on 12/13. Quiet Title, Reformation of Deed, Injunction from being evicted from "her home". Brenton S. Begley is her attorney. It is filed with an intentionally fuzzied copy of the Deed. -I remove the case to the Federal Court because I am a Virginian and know better. I'd prefer to be robbed in broad daylight for everyone to see. -Raines signs off on the suit on 12/8 and then closes on a new property in Shelby on 12/9. -Raines continues to keep an appearance of living in the trailer during the day, like it is her job, and then goes to her real home at night. -Raines repeatedly calls the cops on me, and the cops tell me that there is nothing they can do about the trespassing. I am even told that if I mess with the trailer or anything that is there, that I could be held liable if she steals the property back. -Jaynes had extra funds from the closing (appx $3000) that he refused to return until 12/8, the date that the lawsuit was signed. -Jaynes withheld the title insurance monies until Jan/Feb? giving the insurance company yet another reason not to represent me in the matter. When they got the money, they still refused, claiming that an early e-mail from me trumps the contract. No one wanted to hear about the final communications and those BELIEFS. When informed that my wife spoke to no one and was still on the deed, they simply didn't care. (I think the public should find out the truth about title insurance. No one would buy it if they knew they weren't covered on the day they parted with their money.) -After being sued, I called local lawyers, but all refused to represent, and I was told that Cleveland lawyers never go against each other. -Upon calling the Sheriff's office about the trespassing of Raines, they suggested that I find a no-contact order request. I did it the next day, only to find out that Raines had filed the same form earlier in the day about keeping me off of my own property! Coincidence? -There were two hearing dates scheduled for this matter, both ending with absolutely nothing being done (and me wasting hours being forced to sit there) yet at the end of both, Raines asked the court to hold me in the courtroom until she had left, as if she was scared. -Once, when Raines wasn't at the compound, I removed the hinges from the gates and began to dismantle the fencing. The cops quickly arrived, as does Raines. She apparently had the neighbor across the street watching. She yelled and cussed me, literally threatening me with violence, making a scene in front of the cops. This was recorded on video that was given to the courts and district attorney. As I was preparing to leave the compound, she sneaked up behind me to strike me in the jaw, knocking me to the ground. They "arrest" her. After pestering me for personal information, birth date, etc, they file a suit, but it is Davis v. Raines, instead of the State of NC versus Raines. I tell them to correct it at the courthouse, but a deputy comes in the clerk's office and stares me down and tells me to tread lightly as if he didn't like my voice raised as I am trying to communicate through the plexiglass. The lady before me did the same thing, and he did not appear. I then went to the district attorney's office to have them fix the mistake, and was thrown out of his office. It turns out that Raines was never fingerprinted or photographed. -Raines is back on the property within 2 hours of the arrest, packing up some of her belongings. -As evening approaches, this same day, social workers show up to harass me, responding to an anonymous call from someone concerned about the welfare of my children. Raines previously worked at social services. -The trial date for the assault was set for sometime in late spring 2023, however, I was never served and never heard anything else about it. When I called about it in Feb 2024, there was no record of the case in the files or computer. I did keep a printout from the criminal clerk's office, so there's the evidence. -The Federal Court is notified of all the strange happenings, assault, and yet nothing is done. I should mention that the Clerk of the Federal Court clearly tried to help Begley. They misfiled my papers to make the exhibits and Deed appear as just some pages at the back of the complaint. I was very careful (see court experiences at top) and had them separated with paperclips. When I complained, the clerk was ANGRY. I convinced him to file it properly. -The property was sold on March 3 to a Virginia LLC (Timber Hills Development), formed by people I know. Like most people, they were certain that deeds and written contracts were solid and expected to make a profit on the undertaking. -The hearing at the Federal court is set on motions..I do not attend the hearing. The hearing was sometime in April 2023, or thereabouts, long after we had sold the property to Timber Hills Development LLC and left the state. -The Federal Court had assigned the case to a Magistrate judge, who in the end, remanded it, apparently on the grounds that he did not like my tone in a letter. According to Begley, it is because I didn't sufficiently prove that I was a Virginia citizen - and yet he didn't have to prove anything and simply told a bald-faced lie about me being a resident of Cleveland County for 6 months on the very first page of his paper. -Begley sets a default judgment hearing for Jan 30, 2024. No Defendants (my wife, or Timber Hills Development) were served notice. Begley had said that he was going to sue my wife or anyone who owned it, I guess on the grounds that they own it? -I call the circuit court (who doesn't pick up their phone) in late Feb 2024, and they tell me verbally that the case was ruled in favor of Plaintiff, despite no service for the hearing or the judgment. -My notice of appeal letter arrives in time for the 30 day deadline, nonetheless. -The former owner of the property - Larry Daniels - I called him shortly after purchasing the property in order to see if the foreclosure sale was legitimate. See above about fraudulent foreclosures and Indymac. Larry was running a used car dealership in Bland, VA. He confirmed that the foreclosure was legitimate, as he failed to pay off the loans. He said that he still owned the five acres which included the used car lot and the road frontage - the very spot Debra Raines was claiming as hers. We later found a court paper in an old mailbox there that said Larry had loans on the property adding up to around $300,000. -The company has tried to sell the property, but it looks like Begley has told all the buyers' agents that the property is "locked up" and they can't have it. -No one in Virginia has never heard of a written contract being a mistake, such thatthe one side keeps the money, and then comes back later to seize what was sold. The company people are extremely offended at this stuff and are convinced that North Carolina is a "hillbilly" state. I thought it was just Virginians who believed in written contracts, but I find that even North Carolina people are extremely shocked and offended. They BELIEVE that when they sign something, they are bound. The whole state of New York would flip upside down on its head if contracts were managed this way. There'd be no commerce, no anything. It is clearly extreme corruption. |