All Forum Posts by: Wendy Smith

Thanks @David Dachtera. Their negligence did allow us to gain some of their assets which helped to cut our loss substantially! Thanks for your thoughts.

@Leland Barrow It's the principle of it! You must not have worked for your money like we have.  Big time California investors coming to Texas thinking they can just push us little guys around doesn't go far in the way we were raised. If you don't stand up for your rights as a land owner, people like these guys will just keep running over you and others. It has been worth spending our inheritance in hopes we have kept someone else from getting pushed around by them or others. We continue to sit back and wait for "when" they slip. We will be there and they know it. It has never been about the money, it is about what is right and wrong.

All great discussions that I appreciate greatly. Thank you so much!

@Greg H. I enjoyed your comment and was not offended at all! We have to have that attitude after 10 years and $250,000 and it still has just begun! You being from Austin are probably familiar with these same guys' Round Rock project and of course I know some of these responses and readers could be  people that know them and are on the other side.

Not sure what direction we will head but I hope I can come back months from now with a positive update 😉. And hopefully a wise Texas attorney will still reply with some great advice and want to grab ahold of our case and show these guys not to mess with this little country family. It all might be worth it to spend a little more money, rather than collecting it, for us to just hire someone go out of state to arrest them for their outstanding Texas warrants for contempt of court. 

Otherwise, I recommend checking BiggerPockets to search comments made about anyone you consider investing with including the people involved in the LLPs or Corporations in order to stay away from the slick bad ones that built on our deeded easement. 

thanks @Matthew Kreitzer

Thanks @Jerry W.! Yes, we are the original lawsuit people (mom and dad). I appreciate the info. 

Thanks @Ned Carey. How do we find a lawyer knowledgeable in piercing in Texas? Where can you find out if they own property in different states? I know how to look county by county in Texas but there has gotta be an easier way and also to find in other states. Thanks everyone! Still needing more advice and guidance. These guys need to be stopped, they have done this too many times to the little guys!

Well @Jerry W., you just burst my bubble that @Greg H. gave me. I was in hopes there really was someone out there that was a pro at piercing. These guys knew exactly what they were doing and how to start, go defunk, reorg, go defunk, reorg, etc, over and over again and again with the same players in different locations and keep getting away with it. I think I might try the tv show "Greed" and see if they can help🤔. They just might qualify for that show. 

My brother is pretty good with law and knows our case better than anyone.  He feels like piercing should work, we just need to find an attorney. Our original attorney doesn't deal with that; just him in his practice.

Thanks!

Yes, we are looking for a lawyer that has experience in piercing the corporate veil. With interest, the debt is up to $4 million so we think there should be a lawyer out there willing to do a little work for a contingency, just need to find them and thought this might be the place. Thanks!

Pretty sad they can continue to get away with it. TRADA got away with investors money from what was written on BP years ago. We have spent over $250,000 on lawyer fees so we just need to find one to help us work another angle like piercing the veil. 

Yes, it gets convoluted, at least to me, who doesn't know much in law. An LLC started a real estate project, Steve, Kevin, and John were directors. They built on our deeded easement. When we continued to file lawsuits against them they sold out to an LP, who was Kevin, John, Richard, and Bram. Yep, same group of people including two others who were also investors in another part of the project. Then the LP got foreclosed on and a bank ended up with the commercial building. Both are not in good standing with the State. They have had other LLCs and corporations with many of the same players. We understand these guys have millions in personal assets .... Out of state.

So this has gone on for 10+ years. The first 5 + years were delays with lawyers. Jury trial in 2010 or 11 awarding over $1.6 million, most against the above two groups.  Basically not much has gone on other than continuing to be delayed through the judicial system. 

Mom and Dad got tired (and old) and have given this project to us 4 kids to continue the fight. So our thought is piercing the corp veil seems to be another thought to go after these guys. You can read more about our fight in the San Antonio Express newspaper searching John Vogt in Boerne, Tx. Thank you for any information and direction.