|
Date/Time |
From/To |
Text |
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3/18/2021
11:56 AM |
From: Brian McGrain
To: Robert Bain |
Regarding your situation at 119 Allen Street and
interactions with my Code Enforcement team: I believe Amy
Castillo has asked previously for documentation relating to
your court case. She reports that she has not received any
documentation regarding your situation.
Please send to me any documents relating to your on-going
legal situation at 119 Allen Street, by tomorrow (Friday,
March 19, 2021). If you have a case/docket number, legal
filing, or any other paperwork on your claim/court case, we
would like to see that. Additionally, if you have contact
information regarding your attorney, that would be helpful
too.
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3/18/2021
3:17 PM
|
From: Amanda O'Boyle
To: Jessica Larson
|
It is my understanding that you represent the current owner
of 119 Allen Street regarding a landlord-tenant dispute. The
property was recently red-tagged due to the understanding
that the house was being used as a rental property without
proper registration and inspection by the City. Mr. Bain has
reached out to the City advising that he is in fact the
owner of the property and that any prior sale was unlawful.
At this time the City is uncertain as to what the status of
the property is. Can you provide any information on this
matter? We want to make sure that any steps taken by the
City were appropriate. Please feel free to call at
517-231-4589 or email me.
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3/19/2021
3:52 PM
|
From: Jessica Larson
To: Amanda O'Boyle
|
Yes, I represent Mr. Kalat, who is the current owner of 119
Allen Street.
Mr. Bain defaulted on his mortgage with Mercantile Bank
resulting in a Sheriff’s Sale on 9/26/19. Mercantile quit
claimed the property to Federal Home Loan Mortgage Company
on 10/31/2019. My client purchased the property from Federal
Home on 11/21/2019. All three deeds are attached for your
records.
My client filed to evict Mr. Bain as a trespasser last year
in 54A as he refused to voluntarily vacate the property. Mr.
Bain requested a jury trial and raised as an affirmative
defense that he did not know the redemption amount (despite
same being included on the documents recorded with the
Sheriff’s deed). Due to the jury request the case has been
in limbo waiting for the court to begin scheduling jury
trials. However, Mr. Bain has taken no court action to
attempt to regain title, nor would that be the result of the
land lord tenant action. Not that he would be successful as
the redemption period has long since lapsed.
Hope that helps. Please let me know if I can provide any
other information or documentation.
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|
3/19/2021
3:52 PM |
From: Amanda O'Boyle
To: Jessica Larson
|
Thank you Jessica. It is my understanding that perhaps Mr.
Bain has finally left the premises following the red-tagging
of the property by Code Enforcement. If that is true then it
would be advisable for your client to notify the Code
Enforcement Office so that the tag can be removed.
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|
3/24/2021
12:01 PM |
From: Jessica Larson
To: Amanda O'Boyle |
Mr. Bain apparently believes he can resume residing in the
property now that the red tag has been removed. Would you
please advise what steps the city would take if Mr. Bain
retakes occupancy? My client changed the locks but Mr. Bain
advised that he intends to gain access anyway.
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|
3/24/2021
12:07:29 PM |
From: Amanda O'Boyle
To: Jessica Larson |
Mr. Bain and his attorney contacted the City and explained
that there is no rental agreement. There instead appears to
be a dispute as to ownership. With that additional
information the City removed the tag as it is no longer
perceived to be an unlawful rental. Attorney Austen
indicated that they would be filing a motion to request
permission to resume residency until a judicial
determination of ownership is made. The City takes no
position as to this motion or its outcome.
|
|
3/24/2021
7:32 PM |
From: Rhett Kalat
To: Meredith Johnson |
Thank you for coming out tonight :-) I'll forward that
letter to my attorney when I get that from you. Thank you
again!
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3/25/2021
10:30:12 AM
|
From: Amanda O'Boyle
To: Jessica Larson and
Doug Austen
|
Please be advised that the City of Lansing has been
inundated with phone calls and emails from both of you as
well as your clients over the past few days. It is my
understanding that Mr. Kalat called the 911 yesterday
evening concerning unsafe wiring inside the residence of 119
Allen Street. A Code Enforcement Officer was dispatched to
the location and invited inside by Mr. Kalat. Upon entry to
the home it was observed that there was unsafe wiring
hanging inside. Based upon these observations the home was
red-tagged as unsafe. It is unclear whether this condition
was present inside the home prior to yesterday as Code
Enforcement has not previously entered the home. The red tag
may be removed once the electrical concerns are cured.
Information relating to permitting can be found on the
City’s website at https://www.lansingmi.gov/270/Forms. It is
the understanding of the City that there is a private civil
dispute as to ownership of this property and I trust that
you and your clients will work to resolve those issues on
your own.
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|
3/30/2021
2:51 PM |
From: Rhett Kalat
To: Meredith Johnson |
Just following up to see if you have the full report of
violations so we can start bringing the house up to code :)
|
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3/30/2021
3:02 PM |
From: Meredith Johnson
To: Rhett Kalat
|
I seriously can't apologize enough I thought I did mail it
to you :-/ I'm so sorry. I have attached it to this email
please let me know if you have any questions. |
|
3/30/2021
4:40
PM |
From: Rhett Kalat
To: Meredith Johnson |
No sweat! Thank you so much :) So since the ex home owners
stuff is still in there, could we get an extension if we
need to in a couple weeks? We are trying fervently to get
his stuff out legally but his lawyer/he isn't responding :(
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3/30/2021
4:54 PM |
From: Meredith Johnson
To: Rhett Kalat |
I have included Amy Castillo on this email as well as since
ultimately she is who will be working with you on this.
Since the property is red-tagged it will stay red- tagged
until all violations/permits are taken care of. Once a
property is red- tagged for more than 180 days with no work
being done we would start a monthly monitoring fee but if
permits are pulled and you are staying in touch with Amy on
the progress she would not start billing on the property. So
basically you have 180 days before any fees would be
assessed. Hopefully that makes sense.
|
|
4/1/2021
2:5:14 PM |
From: Amanda O'Boyle
To: Jessica Larson
|
Your client continues to contact the City regarding his
private civil dispute with Mr. Bain. It is unclear to me why
he is contacting the City or what involvement the City has
in such a legal dispute. Can you please advise?
|
|
4/7/2021
10:27:50 AM |
From: Rhett Kalat
To: Amanda O'Boyle
cc: Kim Coleman, Meredith D Johnson, Lansing Mayor, Leslie
McCarrick, Brian McGrain, Jim Smiertka, Jessica Larson,
Kenneth Schafer |
We understand it’s civil. But I’m asking for someone at the
city who can see our situation with empathy and see this is
a 1 in a million scenario that no one has experienced in
Michigan ever??? It’s unethical and I’m asking for an
expedited solution. How would you feel if you bought a house
and the seller decided not to move out and when you went to
court, they said “Sorry it will be 2-3 years before you can
get in your house.” You wouldn’t wait. Please help us. I
will keep being persistent as “this is a civil matter” is
not a sufficient response based on the circumstances. Can we
look beyond the letter of the law to the spirit of it?
Please help us.
Rhett & Kendall
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4/7/2021
10:18:27 AM |
From: Amanda O'Boyle
To: Jessica Larson and
Rhett Kalat
cc: Kim Coleman, Meredith D Johnson, Lansing Mayor, Leslie
McCarrick, Brian McGrain, Jim Smiertka |
The Mayor’s Office received the following communication from
you:
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|
|
Good Morning, My wife and I bought a house a year ago and
the ex home owner has refused to leave. And because of Covid
he doesn’t have to.
We are solely in the eviction process and his ex lawyer
request a jury... which those still aren’t being held. We
are probably another year away from that.
My wife and I are stressed and just want our house. Please.
Someone in this court has the power and authority to say
“Wow this is extenuating circumstances, unique, and unjust.”
Can you help us get into our home please? Please
Rhett and Kendall
|
|
Please note that what you are describing is a private civil
dispute. The City cannot and will not intervene in private
legal disputes. It is advised that you speak with your
attorney regarding what legal options are available to you.
|
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5/14/2021
12:21:08 PM |
From: Amanda O'Boyle
To: Jessica Larson
|
Dear Ms. Larson, I was notified by the City’s Building
Safety Office that all permits have been finalized for 119
Allen. Please note that your client may now request an
inspection from Code Enforcement in order to have the red
tag removed (assuming the home passes inspection). |