Legal Question in Business Law in Iowa

Contract - Fraud

QC Bank foreclosed on PP two business in March 2003. On May 13, 2003 QC Bank sold all property and assets from the Bettendorf location and all assets from the DesMoines PP facility to Heartland.

On June 12 2003 Heartland signed ''Bill of Sale'' contract with FI Properties who owned the property in DesMoines which PP was leasing from them. They told Heartland that ''PP signed over its equipment, chemicals and inventory contained within the premises to FI in consideration from being released from its lease''.

FI Prperties is now sueing Heartland for Breach of Contract. How do I ''answer - contract''? and file a cross complaint for Fraud and misrepresentation with intent to harm? The property was never theirs to sell back to us.

Thank You,


Asked on 5/06/04, 1:18 pm

4 Answers from Attorneys
Michael Olden Law Offices of Michael A. Olden

Re: Contract - Fraud

What the hell are you talking about???? After a Bachelor's, Masters and Doctorate along with practicing law for 30 years and teaching in both the graduate school, law school in undergraduate levels I cannot in any manner decipher your question. It makes no sense to me. More importantly though if all of this happened and was so important to you why haven't you already consulted with a real-life attorney who can look at all of your paperwork, documentation and hear all of the facts that you have to present, ask all the questions necessary to give you clear, expert, reasonable legal advice that you really need. Stand up, turn off the monitor, get in the car and get some real expert legal advice or don't, it's all of up to you.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

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Answered on 5/07/04, 12:15 am
Robert Liskey Tyler & Wilson

Re: Contract - Fraud

There appear to be several issues at play here, not all of which I am sure I entirely understand from your message. That notwithstanding, it would appear you could file a complaint (i.e. a lawsuit), alleging among other things, fraud and misrepresentation. If you would like to discuss your options, please feel free to contact me.

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Answered on 5/06/04, 1:25 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Contract - Fraud

You need an attorney. I need to see the contracts.

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Answered on 5/06/04, 1:36 pm
Robert Luedeman solo practitioner

Re: Contract - Fraud

Well....it ought to interest you to hear from someone in Iowa-we like to be noticed from time to time.

From what you've told me, Heartland owns the property and assets of PP in Bettendorf and the assets of PP in Des Moines, acquired in foreclosure by QC Bank. Heartland attempted to sell the assets of the Des Moines facility to FI. FI says, no, we owned those assets already by virtue of a preexisting assignment in consideration of being released from our lease.

So, you must be FI.

The real fighting issue might be whether the assets and property were subject to a prior interest that trumped their assignment to you, and I suspect that this could be the case. In addition you do not state what the current status of PP is, whether bankrupt or not, what their relationship to FI is and other important facts that bear on their ability to convey.

Give me an email and let's chat.

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Answered on 5/06/04, 1:56 pm


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