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Todd Burton
Pro Member
  • Managing Broker / Investor
  • Indianapolis, IN
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Oceanpointe & Bert Whalen "rents stolen by Defendants" judgement

Todd Burton
Pro Member
  • Managing Broker / Investor
  • Indianapolis, IN
Posted Jul 23 2019, 06:47

"Defendants failed to appear"; Judgment for $554,511 against Oceanpointe & Bert Whalen jointly and severally. 
Looks like they may have thrown in the towel on the civil cases.

From the final judgment order:

"IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiffs have sufficiently proved the amount of their damages against Defendants in the amount of $554,511.32, which is comprised of the following recoverable damages: a. $116,826.00 in work that Defendants failed to complete; b. $67,235.32 in additional fines and costs incurred by Plaintiffs; c. $102,000.00 value of time and additional housing costs incurred by Plaintiffs to remedy Defendants’ misconduct; d. $64,450.00, which is the trebled value of rents stolen by Defendants; e. $102,000.00 in lost rental income; and f. Over $103,000.00 in attorney fees incurred in prosecuting this action and clearing title to the various properties.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that final judgment is hereby entered against Defendants Oceanpointe Investments LTD and Bert Whalen, jointly and severally, and in favor of Plaintiffs Bariy Investments, LLC and First Indy Investments, LLC, in the amount of $554,511.32 plus post-judgment interest at the rate of eight percent (8%) per annum, costs of collection, and post-judgment attorney fees."

LINK TO THE CASE INFORMATION AND HISTORY

Hope someone can figure out how to collect this.

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