episode 2 - one man`s fight against
Transcription
episode 2 - one man`s fight against
1 2 ONE MAN’S FIGHT AGAINST CORRUPTION IN LAS VEGAS, NEVADA. The Series - Episode Two CORRUPTION IN HOUSING DISCRIMINATION THE NEVADA DEPARTMENT OF BUSINESS AND INDUSTRY – REAL ESTATE DIVISION. US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT – OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY Contact Jim Aymann at onemansfight@cox.net Leave your contact information. 3 PLEASE NOTE THAT NONE OF THE STATEMENTS MADE IN THESE ENTRIES ARE SPECIOUS AND THAT THEY ARE SUPPORTABLE WITH DOCUMENTS AND EXHIBITS. James R Aymann (Jim) is a 68-year-old combat veteran of the Vietnam War with a 70% service connected disability for posttraumatic stress disorder due to intense and continuous exposure to combat conditions in the Vietnam War. This disorder is progressive and Jim has been diagnosed with attention deficit disorder. These disorders were diagnosed prior to any of the incidents described in this statement. Let us start at the beginning. In July 2005, Jim went to visit New Zealand with his daughter with the possible prospect of relocating there. After the trip, a decision was made that Jim’s daughter would move to New Zealand first and Jim would follow. JIM AYMANN WITH HIS DAUGHTER LISA 4 The economic boom that had continued for 16 years was approaching an end with an unavoidable downturn in the local economy. Jim would turn 62 years of age in two years and would qualify for a reverse mortgage. This would have shielded Jim from the effects of any economic downturn as far as real estate values were concerned. Jim would live and work in Las Vegas for six months and then visit his daughter in New Zealand for six months. Jim started working as many hours as possible to increase his savings. Jim had Christmas dinner with Ray Sellers the owner of the townhouse condominium that Jim had been leasing for eight years. This dinner took place at the Boulder Station Casino in 2006. Indications of the impending economic downturn were already obvious. Jim actually advised his friend Ray Sellers to sell all his real estate properties as soon as possible. This was mere conversation at this point and no actual agreement had been reached between Jim and Ray Sellers. Six weeks later Jim went to the Broadacres Swap Meet in North Las Vegas to replace some hand tools that were stolen at work. While Jim was replacing these stolen tools, his pickup truck was stolen in the parking lot. Jim contacted the North Las Vegas Police Department. Jim waited for several hours the police never responded. Three weeks later Jim received a postcard from the North Las Vegas Police Department indicating that his pickup truck had been located and impounded at Quality Towing. Jim’s pickup truck had been so severely stripped, that he walked by it three times at the junkyard before he recognized it. 5 The North Las Vegas Police Department indicated that no investigation had been made because the auto theft was not involved in a violent crime! Please note the Greater Las Vegas area is and has been the worst city in the United States for auto theft. Jim also had to change his checking account number because the stolen pickup truck had his checkbook in the glove compartment. A few months later Quality Towing contacted Jim and informed him that he owed them $1,800 for storage fees and they went through the process of attempting to impair Jim’s excellent credit rating. The effects of these incidents on Jim were devastating. Jim’s job is both physical and dangerous. Jim found it necessary to take an indefinite leave of absence from his job. Jim started experiencing severe anxiety attacks followed by long bouts of depression. Real estate values continued to drop. Two months later Ray Sellers contacted Jim and indicated that he was now interested in selling the townhouse condominium. Jim explained that he was experiencing a mental breakdown and that any negotiations involving the condominium would be inappropriate at that time. Please note, this condominium was 40+ years old with serious problems including the roof, water damage from flash floods, plumbing and electrical issues, air-conditioning issues etc. This condominium was virtually unsellable. Ray was aware that if he were to attempt to sell this condominium he would be obligated to disclose these problems with any potential buyer of this old condominium. 6 In the meantime, Jim had been searching for a vehicle to replace his stolen pickup truck. On August 6, 2007, Jim flew to San Diego, California to purchase a van that he had located on the Internet. As Jim drove the vehicle back to Las Vegas, the odometer stopped working. When Jim arrived in Las Vegas, he commenced to investigate and discovered that the vans odometer had in fact been broken for nine years. Jim contacted the seller to complain. The seller hung up the phone. Jim started pacing rapidly and experienced multiple anxiety attacks. Jim had not realized it yet, but he was suffering from posttraumatic stress disorder from the effects of being a combat soldier in Vietnam. Jim’s primary care physician with the Veterans Administration arranged for an emergency session with a mental health psychiatrist. On August 10, 2007, Ray Sellers telephoned Jim and informed him that the conditional lease had been prepared. Jim was in the midst of preparing to take the seller of the van to small claims court in San Diego California. Jim was in an agitated state of mind and does not recall the details of what transpired. What Ray Sellers provided was an addendum to his will and not a lease. It appeared in order and Jim signed the agreement. 10 days later, Jim had his first session with a VA psychiatrist 40 years to the day after Jim was promoted to Fire Team Leader in the Vietnam War. The psychiatrist prescribed medications for insomnia, anxiety, depression, and headaches. 7 The Psychiatrist also applied for a service-connected disability on Jim’s behalf for PTSD. Since Jim had the agreement with Ray Sellers, he started making improvements and repairs to the condominium. Jim’s plan was to buy the condominium for $100,000 in one year, arrange for a reverse mortgage, and then visit his daughter for six months in New Zealand. In November, Jim won his case in small claims! This was the perfect anecdote for the mental disorders that Jim was experiencing. Ray Sellers also started making the repairs and replacements to the condominium that he had agreed to. Jim was planning to return to work at the beginning of 2008. Jim decided to go to California for two weeks during the holidays. Jim’s best friend, who would normally housekeep the condominium, was unavailable. As a precaution, Jim sprinkled flour on the floors of the kitchen and bathrooms. When Jim returned he detected footprints in the kitchen and bathrooms, there was no sign of a break-in; someone with a key entered the condominium while Jim was gone. Multiple items were missing from Jim’s office. As planned, Jim returned to work a few days later. On January 4, 2008, Jim received a form letter from Realtor James Watt of Coldwell Banker indicating that Ray Sellers had died two weeks earlier. One week later Jim’s left foot was severely crushed at work. The effects of this injury were devastating to Jim. On March 3, 2008, Jim inadvertently wrote the rent check on the closed account due to the change in checking accounts. 8 Please note Jim had $2347 in his checking account when he wrote this check for $850. Four days later on March 7 Alana and Elaina Peterson arranged for a drive by appraisal without Jim’s knowledge. This appraisal was intentionally overpriced at $168,000. It was not until four weeks later on March 31, 2008, that Elaina Peterson contacted Jim to inform him that the rent check had been returned. This brings up an obvious question why did it take four weeks for Elaina Peterson to contact Jim regarding the returned check. All of Jim’s bills were paid electronically with the exception of the rent and union dues. In fact, Jim had also inadvertently written a check on the closed account to the Teamsters union the day before. This was all very confusing to Jim as he had more than enough money to cover the rent check. Jim located the canceled checkbook, and realized what had happened. Jim explained to Elaina Peterson in detail that he has ongoing problems with confusion and apologized for any problems that he may have caused. Jim immediately wrote two rent checks and drove to the mail distribution center to ensure that Elaina Peterson would receive the two rent checks the following day. Please note, both Elaina Peterson and her sister Alana Peterson individually introduced themselves on two separate occasions as co trustees of the Estate of Ray Sellers. 9 Two weeks later Jim received two separate eviction notices for nonpayment of rent in two separate envelopes from COLDWELL BANKER PREMIER REALTY – 10120 South Eastern Ave. Suite 300, Henderson, NV 89052. The name Watt was written in ink next to the return address. Ten days later Elaina Peterson contacted Jim by telephone. The alleged purpose of this telephone call was to assure Jim that he would not be evicted! A friend who was visiting Jim overheard this entire telephone conversation. In this conversation, Jim indicated that he was in fact interested in purchasing the condominium. He also informed Elaina Peterson that her deceased uncle Ray Sellers and Jim had an agreement for Jim to buy the condominium at a discount. 10 *These are direct quotes from Elaina Peterson in this conversation: “Well now you don’t have to worry about your living situation.” “We’ll give you first option to buy, without a doubt. That will be your rental agreement with a buy option or whatever. So not to worry about anything!” “Absolutely! Since Raymond is deceased, we had a year to liquidate. We had to start the process of giving people some money. The beneficiaries you know.” “Yeah if you wanted to buy it we would work with you, but we don’t need Jim (Watt) listing it. That was a big mistake on my sister’s part and we know that now.” “Why does he have to be the exclusive listing agent? You know it’s like he’s greedy you know.” “He is the listing agent on all our properties; he’s getting more than our share. If everyone got 4% he’s making more money than the entire estate.” “I don’t know how long this listing is, how long we’re bound to this contract with Jim. My sister and I signed this listing agreement.” “I think it’s only for six months or something you were ray’s friend, why would we have to go through a realtor. That’s what title companies are for. They sort out the paperwork.” “We’re not pretty chiselers, were not going to gouge you. We’ll work something out with you.” “That’s the bottom line.” “We’re not going to inflate the value.” “Right now with the market as bad as it is they would love to have a buyer, have somebody buy it. They’d jump on that.” * Conversation with Elaina Peterson 11 After this telephone conversation with Elaina Peterson, Jim was jumping up and down with joy. Once again, Jim’s friend John Williams overheard this entire conversation. What Jim did not know is that on this same day a one-day summary eviction notice was being filed with the court. Two days later Jim returned to work from the crushing injury to his left foot. Jim determined that he needed to return to work, if he was going to approach his bank for a home loan. Please note Jim was still in extreme pain from the crushing injury to his left foot. When Jim returned to his home from work the following day, a ONE-DAY SUMMARY EVICTION NOTICE was taped to his front door. Jim immediately experienced the worst panic attack he has ever experienced! Several hours later, after Jim was able to calm down a little bit, he retained a lawyer. The following day Jim received a letter from Coldwell Banker Premier Realty also with the name Watt printed in ink next to the return address. This letter was crafted by James Watt of Coldwell Banker and can only be described as vicious. Please note James Watt refers to himself in the third person in this letter. Please note, both Elaina Peterson and Alana Peterson signed this letter. 12 The following are excerpts from this letter: “At this point, we are not interested in leasing this property other than as a month to month rental subject to certain conditions. Our objective is to market and sell the unit so that the proceeds can be distributed to the numerous beneficiaries of the trust. “Leasing would only inhibit the sale and prevent needed repairs. If rented on a month-to-month basis the tenant would have to agree to allow the property to be shown.” “Whether you like or dislike our realtor, Jim Watt is immaterial. Mr. Watt represented Ray on the purchase of this unit and was his preferred realtor for many years. He also has other units for sale for the trust and always acts in our best interest.” “This issue is non-negotiable as the trust is under contract to him to market and sell this unit. In the interest of all parties we believe that it would be best if you would voluntarily vacate the unit by the end of May.” Once again, Elaina Peterson signed this letter including these excerpts three days after she stated in the telephone call she made to Jim that: “Yeah if you wanted to buy it we would work with you, but we don’t need Jim (Watt) listing it. That was a big mistake on my sister’s part and we know that now. Why does he have to be the exclusive listing agent? You know it’s like he’s greedy you know.” “We’ll give you first option to buy, without a doubt. 13 “That’ll be your rental agreement with an option or whatever. So not to worry about anything!” “Well now you don’t have to worry about your living situation.” For Elaina Peterson to sign this letter three days after she made her reassuring and committed statements to Jim can only be construed as highly immoral. This woman has no sense of accountability and her word apparently means nothing. Once again, his friend John Williams constituting a verbal agreement witnessed the statements made to Jim in this phone conversation. Please note Elaina Peterson did not even have the decency to contact Jim to inform him that she was backing out of her agreement with him. The following is an excerpt from a notarized statement made by real estate agent Joe Banales: “My name is Joe Banales. I am a real estate agent in Las Vegas, Nevada. At 6:00 PM on May 10, 2008 I ran off a dozen listings in the Greenbriar Townhouse Estates.” “I did this to persuade Jim Aymann that the property at 729 Greenbrier Townhouse Way was way overpriced at $155,000. I gave the listings to Jim the following morning at work.” “Jim instructed me to contact Jim Watt, the owner’s agent, that we would be making an offer. That evening I contacted Jim Watt and told him that we would be making an offer.” 14 On May 15, 2008, Jim received a letter from Bank of America account executive Carmen Nelson. This is an excerpt from the letter: “I am pleased to inform you that based on the verbal information you provided, you have been prequalified for a home loan of $153,375 with a purchase price of $150,000. This loan prequalification is subject to the terms and conditions below.” Carmen Nelson recommended Patti Bishop a real estate agent. That same day this agent faxed a first offer to real estate agent James Watt. The following day, Jim received a five-day unlawful detainer notice; the source once again was from Coldwell Banker from James Watt! Once again, Joe Banales had previously contacted James Watt to let him know that a bona fide offer from 10-year tenant Jim Aymann was imminent! Jim’s fourth offer was for $155,000 and including paying the closing costs. Alana and Elaina Peterson finally accepted this offer. As expected, the appraisal came in lower at $140,000. Jim’s agent advised him not to be present so that agent James Watt would not be able to state that Jim influenced the appraiser. Had Jim been present to inform the appraiser of the poor condition of the condominium the appraisal would have been much lower? Alana and Elaina Peterson rejected the appraised value of $140,000 in an attempt to force Jim to pay $15,000 over market value plus $5000 closing costs in a declining market for a total of $20,000. What happened to Elaina Peterson’s statement to Jim that, 15 “We’re not petty chiselers, were now going to gouge you, we’ll work something out with you. That’s the bottom line. We’re not going to inflate the value? Jim’s agent strongly advised him not to pay $20,000 over the appraised value in a rapidly declining real estate market, but to start looking for a much newer home elsewhere. Under oath, Alana Peterson stated, “From my memory the real estate deal fell through because Mr. Aymann wanted us to pay the closing costs, but the amount was absurd. It was like $15,000. It was really high, and I said why are we going to pay this much? ” Under oath, Alana Peterson submitted another statement, “There must have been another counter offer after that. Verbally I received a phone call, which I will testify to under oath that I did receive a phone call. I would not make up the figure of $15,000.” “I was told that we would have to pay, meaning the estate would have to pay $15,000 in closing costs. At that point I said forget it we are not going to pay that astronomical amount of $15,000 closing costs. That is all I have to say.” The sworn statements by Alana Peterson under oath are patently false constituting perjury. A fourth offer was submitted to Alana and Elaina Peterson in writing indicating that Jim was offering $155,000 and the closing costs in a severely diminishing market. Alana Peterson’s claims that she verbally received a phone call indicating that she would have to pay $15,000 in closing costs is a fabrication and patently false. 16 Jim with the assistance of his agent started looking at much newer homes in the $250,000 price range mostly in Southern Highlands. Jim submitted an offer on a bank foreclosure. The offer was accepted. Just prior to arranging for the appraisal, his agent informed Jim that James Watt had informed her that Alana and Elaina Peterson had decided to accept the appraised value of $140,000. Patti recommended that Jim take it and consequently avoid having to move. Jim asked his agent to stall the appraisal on the foreclosure and prepare the offer. An offer was immediately submitted, Alana and Elaina Peterson stalled for a week, and then they rejected what amounts to be their own offer. Jim’s agent described Alana and Elaina Peterson as psychotic. She stated that in the 22 years she had been an agent, she had never experienced anything like that. Jim’s agent proceeded with the appraisal on the foreclosure. Once again, the appraisal came in too low and the deal fell through. Jim was more motivated than ever to move as soon as possible, but trying to buy a home in a rush is both imprudent and very stressful. Jim found a marvelously large home in the Southern Highlands for $250,000. By the time, the offer was submitted it was gone. Jim was very disappointed. A neighbor informed Jim that a townhouse in the same building was available. Jim submitted an offer for $130,000 with the seller paying the closing costs. The seller accepted the offer. The appraisal matched the offer and the deal was closed in two months. 17 Jim started to immediately move his prized possessions to his new condominium. The move was a massive undertaking that took three weeks. It took an additional two months to prep the condominium and properly place his possessions. Also at his own expense, Jim was going to physical therapy for his injured left foot three times a week for two months. At the beginning of the year in 2009, Jim returned to work. Shortly after, on February 8 2009, a Sunday, Robert Perry White, at the behest of his sister Alana Peterson, attacked Jim while he was retrieving his car in his driveway. Jim sustained a severe blow to his head knocking him unconscious and necessitating a trip to the hospital in an ambulance. Jim had submitted a complaint for HOUSING DISCRIMINATION against Alana and Elaina Peterson and their Real Estate agent James Watt of COLDWELL BANKER to the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Their response was, “The above referenced housing discrimination inquiry was received by the US DEPARTMENT OF HOUSING DEVELOPMENT pursuant to federal housing Laws. This claim has been administratively closed for lack of jurisdiction because FEDERAL FAIR HOUSING LAWS do not cover the subject matter and/or basis of the alleged discrimination.” The last time Jim checked Las Vegas was still part of the United States! Jim considers this response as disgraceful and considers this tantamount to corruption in government! 18 Jim then submitted the complaint for housing discrimination with supporting exhibits to the STATE OF NEVADA, DEPARTMENT OF BUSINESS AND INDUSTRY - REAL ESTATE DIVISION. A Bruce Alitt, Chief Investigator responded with, “This is to acknowledge receipt of your statement of fact. After carefully reviewing your complaint, the NEVADA REAL ESTATE DIVISION does not have jurisdiction. Any verbal agreement between you and the deceased owner is a civil matter. You may wish to seek legal counsel.” Jim also considers this response as disgraceful and evasive and considers this tantamount to corruption in government. This state official clearly evaded the fact that James Watt initiated and prepared a 30-day notice to quit, five day notice to pay rent or in the alternative to quit, an order for a one day summary eviction notice and a five day unlawful detainer notice. Once again this five day unlawful detainer notice was mailed to Jim from the office of COLDWELL BANKER PREMIER REALTY where James Watt was employed knowing full well that Jim would be submitting a legitimate offer to purchase the property that he had been living in for 10 years through his bank! In a form titled “DUTIES OWED BY a NEVADA REAL ESTATE LICENSEE” prepared by real estate agent James Watt of Coldwell Banker Premier Realty and signed by his clients Alana and Elaina Peterson states that: “A Nevada Real Estate Licensee shall not deal with any party to a real estate transaction in a manner which is deceitful, fraudulent, or dishonest.” By his own admission, James Watt is not a property manager! Real estate agents do not involve themselves in the preparation and issuance of any type of eviction notice or unlawful detainer notice. Jim resubmitted his complaint to the STATE OF NEVADA, DEPARTMENT OF BUSINESS AND INDUSTRY- REAL ESTATE DIVISION. 19 A Jan R. Holle, chief compliance/audit investigator responded with, “The Nevada Real Estate Division is in receipt of the additional information you submitted in request for a second review of your complaint submitted in 2009 I can understand your frustration with the situation describing your complaint.” “However, the information and evidence submitted does not substantiate a violation of law by Mr. Watt that would fall under the authority of the Division.” “According to information provided to the Division the eviction by the trust was related to the nonpayment of rent. Additionally, it does not appear that the property in question was ever sold following the submission of your offer.” “According to public records, the property was conveyed from the trust to Alana Peterson in September 2009. If you wish to further pursue this matter you may want to consult with a legal professional regarding your options to do so.” Once again, Jim considers this response as disgraceful, evasive, and tantamount to corruption by a government official. Mr. Holle clearly ignored the exhibits provided to him and submits as a statement of fact that, “The eviction by the trust was related to THE NONPAYMENT OF RENT.” Mr. Holle did not initiate an investigation but accepted “nonpayment of rent” Mr. Holle clearly evades the fact that James Watt of Coldwell Banker premier Realty prepared and delivered a five-day unlawful detainer notice for nonpayment of rent to Jim, after being fully informed four days earlier, that Jim would be submitting a legitimate offer through his bank on the listed property that he had been living in for 10 years. Alana and Elaina Peterson deposited the rent check for the month of May. 20 There was no premise or foundation for the issuance of this FIVEDAY UNLAWFUL DETAINER NOTICE FOR NONPAYMENT OF RENT to Jim. Jim is a 69-year-old combat veteran of the Vietnam War with a 70% service connected disability. The bottom line is that Jim had been living in this townhouse condominium for 10 years and paid over $107,000 in rent. Jim had an arrangement with his long-term property owner and friend Ray Sellers to purchase the property. Unfortunately Ray Sellers died. His two nieces Alana and Elaina Peterson proceeded to treat Jim in a despicable manner. They collectively refused to offer him a lease, FALSELY ATTEMPTING TO EVICT HIM FOR NONPAYMENT OF RENT. They attempted to block his legitimate offer to purchase the listed property. They attempted to force him to pay $15,000 over the appraised value plus $5000 in closing costs in a SEVERELY DECLINING REAL ESTATE MARKET! At the behest of Alana Geneva Peterson was present, Jim sustained a brutal attack by their brother Robert Perry White. Jim is of Eurasian descent. At what point is this State of Nevada willing to concede that Jim has been a victim of housing discrimination? A lawsuit has been filed against Alana and Elaina Peterson and their brother Robert Perry White. The causes of action in this lawsuit are abuse of process, abuse, and exploitation of an older person, battery, assault, intentional infliction of emotional distress, civil conspiracy, and discrimination in housing. 21 The trial had been set for January 21, 2014 in Department 31 of the District Court in Clark County Nevada. Please note Las Vegas is in Clark County. On December 16, 2013, Jim filed an appeal with the Supreme Court of Nevada, because of the ongoing and despicable actions of Judge Joanna S Kishner culminating in a bizarre and unfounded ruling granting Alana Geneva Peterson a partial ruling indicating that she was not involved in the attack upon Jim! The attack on Jim, initiated by Alana Geneva Peterson, has been partially covered in episode one of this series. Jim wants to be perfectly clear. He considers the Courts in Clark County Nevada to be equally corrupt and unreliable as far as dispensing justice is concerned! Jim Aymann with Tracy – Before the horror began! Contact Jim Aymann at onemansfight@cox.net 22