BREAKING NEWS: This is a fast paced story. More on it as it develops including Interviews with the Real Estate Broker involved.
Notice was sent on intent to file liens on all properties to the appropriate parties. In addition, we are commencing litigation against Buczek, ACA Management, the owners personally and any employees connected in assisting them in the continued acts of fraud against our company.
Lawsuits brought in NY – where the suit will be filed- where Fraud is cited as a cause of action are not dischargable in bankruptcy. We will also be filing LP’s against the personal properties of anyone involved as well as naming each and every property in the lawsuit and filing LP’s against these as well. Filing a lawsuit citing fraud in connection with real properties entitles us to file Lis Pendens on the properties until the cause is resolved. We understand the undertaking in this task and the cost involved. The liens are not going to be enough – they are only the tip of the iceburg here which Buczek is apparently NOT taking seriously.
Once my papers are completed and filed for the litigation and served to all parties I will send you a copy so other contractors can use as a boiler plate to commence their own legal actions against all parties involved.
You can also offer any homeowner in NJ that has purchased a Buczek home at any time over the last 3 years free inspections we have serviced over 1400 homes in New Jersey over the last 3 years for them and access to any reports we have, including copies of the actual work orders- we will join forces to inform the homeowners with the PA company – we are licensed contractors and fully insured so homeowners can take these papers to an attorney and we will agree to be expert witnesses in any case that arises from this.
I am sending notices to home inspectors and real estate agents as well in NJ as well with a list of properties that have had severe mold in them – as they are innocent in this and they will eventually be facing legal ramifications for not practicing due diligence with these properties- as a realtor, it is our responsibility to know of these issues. We obviously can’t know everything, but we can be bought as part of legal actions that arise from failure to disclose and failure to perform due diligence – Once informed if they proceed with non disclosure and the sale of these properties they will be just as liable as the lenders and servicers and will be worthy of being named in litigation. It will also be an ethics violation against them for proceeding with the sales of these homes without proper disclosure after being made aware of the defects. I am doing this solely because I know how hard it is sometimes to detect covered up defects and would not want to incur the expense of defending myself in litigation for something I was unaware of and I am doing this relying on the integrity of all Realtors in New Jersey to use the best and proper disclosures in dealing with the sale of these homes. A disclosure of mold more than likely deter a homeowner from purchasing one of these homes and will avoid unnecessary expense and illnesses in connection with the hidden mold. Home Inspectors will be another front as they will be aware and practice diligence in the inspection of these homes and not avoid the obvious signs. – If a realtor proceeds with the sale, hopefully the home inspector will think twice while inspecting.
We have also began informing the neighbors of the issues with the houses, including the liens that we intend on filing and any defects in the house pertaining to issues that could effect their health. We started with the worse of the worse first – for example one attached home that has severe rodent infestation due to the rotten food being kept in it- raw sewage sitting in it from a backed up sewer line (sewage has been in the house for over 2 years) and termite infestation – this is a bit timely because we are reviewing each property and distributing it to the neighbors per property- but we felt it was better than a general notice that we weren’t being paid- people are more likely to act when they are aware that them and their families are being put at risk.
It took 3 weeks to come up with a definitive game plan that would be effective, but we did and are proceeding with it- Inaction is not an option however an unorganized plan is just as effective as not taking any action. We have a plan and are moving forward with all legal remedies.
For Up To The Minute Potential Contractor Liens Visit Property Baggage
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