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Tyranny of Double Eviction Gives Local Couple Global Human Housing Perspective

Investigation of Pending Global Housing Market Bust Added To Local Legal Commentary, Along With New Pictures Pictures Pictures....
Portland Metro Landlord-Tenant Disputes Turn Violent As Housing Market Heats. Local News Reports Tenant McCaleb Shot By Landlord.

Portland Metro Landlord-Tenant Disputes Turn Violent As Housing Market Heats. Passion To Turn A Quick Buck Before Market Bubble Bursts Turns Landlords Toward Tactics of Terrorism.
The Stories of Local Tenant Targets of Domestic Deed Terrorists.

Originating Site: please click here if indy-encapsulated page appears unreadable due to format or funky text characters.

News & Updates
May 2005 Local TV News Report - original story and video excerpt below
Landlord and His Son Shoot Local Tenant Josh McCaleb, Kill His Dog, And Assault His Girlfriend During Dispute Over Water


Fannie Mae report: "Evictions, The Hidden Housing Problem"[PDF] [local excerpt HTML format ]

TOC

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Two tenants complain of long-standing habitat and landlord entry violations at their rented apartment home of three years. In response, tenants received:

  • -landlord threatened to call police and have us arrested
    (approximately minute eight of twelve minute audio recording above)

  • -our cars and home were attacked by raw eggs and broken glass on at least three separate occasions.

  • -an eviction notice from our landlord [actually a promise to reneg on our rental agreement if we don't alter our behavior to suit his need to sell the apartment on behalf of the complex owner before a predicted market downturn.]

  • -our outdoor property was vandalized by a contracted work crew (local franchise apparently operated by complex owner's associate), at the direction of the landlord, during a cosmetic renovation project to improve the complex's poor sales potential following three unsuccessful years on the real estate market, and a half-dozen or so "walk-thrus" into our bedroom while my girlfriend was sleeping [she works nights]. Our power outlet powered their roofing project, while we were trapped inside by cellophane covering all the doors and windows, and a standing threat to have us arrested if we "interfered" with their marketing project by complaining again.

  • -Leftover paint supplies, razors, nails, and environmental damage strewn about our yard and the entire complex - some of it still remains.

  • -My girlfriend purchased numerous outdoor plants following a lecture by the complex owner about taking responsibility to keep our yards clean and "plant some plants". Construction crews, though we asked in writing that they respect our property and stay out of the yard, were directed in to our yard by the construction foreman and the landlord. They killed most of my girlfriends' plants and shrubs, indiscrimately crushing them and then weed-whacking them. My girlfriend was crushed; heart-broken, crying on the couch for hours as she watched "her babies" get slaughtered. I did everything I could to prevent this travesty; and now we face eviction after our attorney, it turns out, was working in a business alliance of 35 real estate corporations (three weeks ago the number was 79); well documented in emails, he tried to fool us into settling for a arbitration process both unfair and unconstitutional.

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We learned, after we paid a healthy retainer for eviction protection and damage compensation litigation, that the attorney we hired works with the same Portland Business Alliance, in the same downtown office building, actively involved in "community court" arbitration. Our attorney used demonstrably fallacious legal arguments in an attempt to fool us into accepting arbitration in lieu of court defense.
Our eviction notice to terminate rental agreement by June 24, 2005, was cc'd to the same landlord's attorney who unlawfully, but successfully, evicted us from our last rental home four years ago while we were supposedly protected by a court-ordered bankruptcy "stay" - a legal order designed to prevent eviction and collection actions while bankruptcy is resolved by a judge, a court-trustee, the creditors, debtors, and legal assistance. My girlfriend filed bankruptcy in response to overwhelming medical bills subsequent to two surgeries. In that case four years ago, the opposing attorney worked for another property management company, also a member of the same Portland Business Alliance. The Business Alliance perks, meetings, and advertising amount to anti-competitive practices violating the Sherman Antitrust Act.

Our evidence consists of: photographs, audio and video recordings, original redacted documents, media and professional presentations of cases even more egregious than ours', as well as a Fannie Mae report documenting nationwide court corruption and wrongful eviction.
Web page ends with links and short excerpts from media investigations into the potential global consequences of nationwide property speculation.

Table of Contents
  1. News & Updates

  2. Chronological Synopsis

  3. Background

  4. General Complaint

  5. Expanded Timeline

  6. Legal Raving

  7. Additional AV Evidence

  8. Legal References

  9. KPTV McCaleb Story

  10. Global Consequence of Nationwide Real Property Speculation

    1. Co-Op Complex Communes

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Chronologic Synopsis

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On April 5, 2005, my girlfriend and I were wakened by an individual stomping around on the roof over our bedroom; he identified himself as a roofer working for our apartment building's owner. Another trespass occurred April 8th. Over the next two weeks, construction crews conducted an invasive and destructive "improvement program" on this quad-plex apartment building where we rent our unit month-to-month. We were not given notice of this construction project until the property management company posted this notice on our door on April 11th, 2005. We responded to their notice in writing (pp 1 , 2). We cited legal reasons the property management's edict to move our property, or have it confiscated, was not lawful. We asked the owners to consider my girlfriend's night-time work schedule, and the negative effect of sleep deprivation on driving. We tried to be conciliatory; and to let the property managers know we were not interested in legal action, but that we could not abide by the terms of their notice. The April 2005 violation was the fifth 24-hour notice violation in our three year tenancy that we complained about.
We recently retained a local attorney to the help us pursue reimbursement, and to set a positive court precedent for other tenants in similar situations. No case has been filed - our attorney argues we would be better served by "community court" style arbitration. Our attorney is a member of the same alliance that operates the community courts in concert with Multnomah County staff. We can not afford another corrupt legal counsel, or a case adjudicated in a justice system that serves only the local property speculators and their interests.
As documented below, last month KPTV local TV news reported that municipal police who responded to the shooting of a tenant and his dog, by the tenant's landlord and the landlord's son, failed to arrest the landlord or his son -- not even for questioning. KPTV reported that the dispute was over "water" and that the tenant who was shot remains in the hospital, his dog remains dead, and his family and girlfriend (also assaulted), remains upset.
Our home and car has been "egged" twice since we sought legal representation a few weeks ago. My girlfriend fears for her safety - and frankly so do I. KPTV reported that the police records in the McCaleb case are sealed under some sort of secrecy agreement. I contacted the city clerk's office in Josh's city, and asked how we might obtain those police records, so that we can see if our landlord might be the same landlord that shot Josh. We received no reply. Though the odds are slim, the coercive and menacing behavior of McCaleb's landlords is similar. We would consider a Freedom-of-Information Act request, but our landlord notified us in writing that we would be evicted in about two weeks time for non-payment of rent, withheld per our attorney's advice and our desire for just recompense.
Our complex has been on the real estate market for three years without sale. Our unit, and the other three in our quad-plex, were shown to prospective buyers on four or five occasions over the past three years. It is now apparent to us that our landlord insists we move so that he can advertise the building, and find more buyers who might be interested, without fear we will bias the sale by speaking of our dispute to the host of potential new owners.

Following a written complaint we provided our property management company on April 13th, 2005:
  • 1) one of our cars was blocked from exiting our driveway by an unfamiliar automobile (the middle one), and while our car nearest our garage was covered by a tarp, without our consent, it was battered by debris. A waste receptacle vehicle was parked to the side of our car; another debris receptacle was also available. Either could have been used instead of our car.
  • 2) we turned off our apartment's individual heat-pump/air-flow system for about 24 hours when the exterior unit became clogged with a barrage of roofing debris; I cleaned out the exterior unit by hand.
  • 3) electricity we pay for, from an external socket near our patio, was knowingly stolen by the construction company, to power the construction company's electric roofing tools.
  • 4) our potted and ground-planted plants, and patio items were squashed and battered. Roofing crew threw rubber buckets from the roof down upon our yard items.
  • 5) When I complained to the construction workers, and the construction foreman, about these problems listed above, he phoned the owner of the property management company. At the direction of the property manager on the phone, the foreman threatened me with arrest, (around minute 8 of 12 of the mp3 formatted audio) for interfering with the construction work.
  • 6) Despite my vigorous protests to management, the construction crew and foreman, regarding our concern about the ongoing damage and theft of services, the construction foreman, again in consultation with the property manager, refused to answer my concerns, and instead ordered his workers back to our yard and patio.
  • 7) Over the same time period, the yards, cars, and property of the other tenants in our quad-plex appeared not to have been battered by roof debris at all: 1 2 3
  • 8) Though the original notice promised a second notice, to alert us to the exterior painting and siding schedule, we received no second notice.
  • 9) Our front door locks were painted over the keyhole, and painted inside the lock mechanism itself, leaving the exterior side mechanism of the upper deadbolt lock sticky and inoperable, until my girlfriend pierced the paint with her key, and I cleaned the internal mechanism with rubbing alcohol the following morning. In anticipation of the painting of the doors of the other unit's, our neighbor's locks were taped with masking tape, as one would expect. Later photographs show no paint on neighboring unit's doorknobs: 1 , 2.
  • 10)The same day that our front door locks were painted (we bought those locks), our back patio door was wrapped in cellophane, preventing us from leaving out the back. All our windows, and at least some, perhaps all, of our neighbors windows were also wrapped in cellophane. We felt psychologically imprisoned by the gunked-up front door lock, the back door and windows wrapped in plastic, as well as the standing threat to have us arrested if we complained. We could not see out our windows for two days, nor document problems while the construction crew was on-site.
  • 11) When we broke the cellophane off the back patio door ourselves, and went outside into the backyard and patio, we found paint and paint paraphernalia, including a razor, and nails, strewn about the yard, paint on our garbage can, paint on our plants and on our outdoor light. Yard tools that had been propped against the building were overturned or thrown about. We noted various minor property damage.
  • 12)Here is a one-minute audio recording (split in two sections) of the typical construction noise 8am-6pm Mon-Sat. During the project, daytime sleep was impossible, except for short cat-naps. We could not leave for a hotel, because we feared, whether by carelessness, negligence, or more retaliation from the owner and property management company, we would come home to broken windows or worse. The construction company apparently disconnected or effected some of the internal electrical wiring in our unit, while for two days covering each of the building's windows with cellophane, and simultaneously compromising our unit's front and back door exits for around 24 hours. Our end of this building, we were told by the on-site manager, burned to the ground about nine years ago. Frankly, we worried about another fire. Sleeping when the construction crew was gone at night was also hard, as we found ourselves constantly on guard for the smell of smoke, or footsteps on the roof.
  • 13) On April 24, 2005, after the construction project apparently ended, I spoke to the on-site manager, as she was off-loading groceries from her car. She told me that a landscaping project was to begin yesterday, but the landscapers did not show up (perhaps the landscapers are a clean-up team for the paint supplies still littering the common areas ?) She said she was unhappy with the noise too, but couldn't do anything about it. She said she already complained to the Property Management Company, and the Owner of the apartment building. She said the Owner of the apartment building, and the Owner of VT Construction are friends. She said she knows, as a licensed reality agent, that the notice of April 11th, threatening confiscation of personal property, was illegal. I complained about the paint in our lock. I complained about the damage to the heat pump. I complained about the continued 24-hour notice violations. I complained about the coercive threat to have me arrested. I advised her that we still do not want or accept work crews, including the landscapers in our backyard/patio area. She said she was upset by VT Construction and Appleton too, and was considering moving - the implication I got, was that our only recourse was also to move. As a licensed reality agent, and an agent of our Property Management Company, she could have enlightened me about our legal rights, or provided some other remedy or recourse. When I asked how she is compensated by Appleton Properties, for her services as a reality agent, and for her work fielding apartment complaints, putting Appleton notices on doors, and tending the common areas of our apartment complex, she was evasive, but said her rent was "decreased" for apartment-related work - then she said she had to go back inside and put away groceries. She would not answer if she was paid commission for selling property for Appleton Properties, including this Apartment complex, though just two months previous, after I told her my girlfriend and I were looking for a home to purchase, she and Appleton Properties sent me this email, listing Appleton's available properties for sale. At that time, we had already contracted with a different Buyer's Agent, and we were pre-approved for a home loan. We did not contract with Appleton, or their representative, nor did we solicit their help to buy a home. In passing, I did ask our on-site manager/realtor general questions about the housing market, the RMLS system, and I did send a follow-up email thanking her for those listings. One month later, my girlfriend and I concluded that the housing market was over-priced; that fannie mae and the other government chartered mortgage-backed-securities corporations were facing insolvency. So we advised our contracted Buyer's Agent, and our self-appointed Agent from Appleton Properties, that we decided, for the time being, it is safer to rent.
  • 14) Three months now from the renovation project fiasco, we face imminent eviction, and enjoy weekly garbage-day bombardment of cars and home with eggs and glass. One of our neighbors told me that our same Landlord also threatened his wife, leaving her shaken - and then threatened him too. See Expanded Timeline below for details. Our attorney quit after we confronted him with evidence of his deception and conflict-of-interest regarding his association with the Portland Business Alliance, their realty corporations, and our Landlord's present attorney, in addition to obvious [per se] violations of the Sherman Antitrust Act, which prohibits anti-competitive asset-sharing, information sharing, and membership-only marketing advantage -- openly practiced by the Portland Business Alliance, ostensibly a non-profit and charity organization, and it's affiliated enforcement arm, the Citizen's Crime Commission -- apparently they pander to politicians of every persuasion, and then use local police services against tenants and other's who disturb their corrupt corporate fiefdoms.

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Background:

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My girlfriend and I have lived continuously in this same apartment quad-plex for about three years; first on a lease, then as month-to-month tenants. Last year we moved from the neighboring unit to our present unit. Our unit was first shown to prospective buyers a few weeks after we moved in, August 22nd, 2002. My girlfriend is a night-shift employee for a local financial services center. She sleeps during the day, then she drives an hour to work in traffic. I also try to sleep during the day.We can only assume the motive for our property management's coercive actions is to force us to leave - retaliation for our present complaint, in addition to previous complaints - after they couldn't sell us a house to get us to leave [It is now apparent to us that our landlord insists we move so that he can advertise the building, and find more buyers who might be interested, without fear we will bias the sale by speaking of our dispute to the host of potential new owners]. Over our three years here, we complained numerous times in writing, and orally, to the central management, and their on-site manager, regarding the property management's previous entries into our unit without notice, general disregard for noise, such as from the previous next-door neighbor's dogs; and we've argued that the company has an interest in creating an atmosphere of safety from crime, by investing in exterior lights and fences. We invested in the fences when the owner and property management wouldn't. We have never paid rent late. We have never caused a noise nuisance, or other neighborly problem. We resorted to recording conversations with agents of the landlord when the entry violations continued to occur.

TOC


General Complaint:

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Though our property damage was relatively minor (so far), the management-sponsored vandalism, coercive retaliation, never-ending buyer walk-thrus, theft of services and sleep, and racketeering-type business conduct is very disturbing. We felt this was our home and yard - if only for the time we were in possession as renters. My girlfriend and I spent dozens of hours buying and planting plants, and even planted a tree last year. Because of problems with Peeping-Toms, and two attempted break-ins we reported to local police, we built the two side fences by hand in about 200 hours: 1 2. We invested approximately $1,500 for the materials, and asked nothing from the owner or property management company. We always intended to leave the fences to the building owner and the next tenant - the landlord personally inspected the fences we built, approved of the fences, and advised us we had to leave the fences after we left.When we lived in the unit next door, we also built it's fences, and beautified that yard, using our own resources. We started our yard projects at the behest of the apartment complex owner, who asked us, in the weeks after we first moved in, to clean up the yard, and (paraphrasing) "plant some plants or something". When we moved next door, we happily left most of the improvements for the next tenant. The other backyards, in our quad-plex, arguably look less appealing. Since early April, we have quit tending our yard - why do it now?

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No tenant, whether living in a week-to-week motel, or a leased mansion, should be coerced to drop complaints of habitat and safety violations; retaliated toward for asserting their legal rights, for refusing to follow unlawful edicts, or refusing to buy a product they don't want. No tenant should be imprisoned in their own home, even if only for a short time, even by quasi-psychological fear techniques. No tenant should suffer theft of electricity or other services. No tenant should suffer theft of sleep; theft of concentration for driving. No tenant should have common boundaries of respect, codified in law, ignored and belittled, so over-priced property, in this case actively marketed without sale for three years, could be made outwardly more attractive with non-essential cosmetic work.
Landlords and apartment owners should realize that they too are only tenants, renting at the grace of the government and economic fortune. "Private property" real estate is foreclosed and auctioned, even after title reconveyance, if a real estate owner fails to pay property or other taxes.


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Expanded Timeline of Recent Incident:

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On or about April 5th and then again on or about April 8th: my girlfriend and I awoke - startled by the sounds of people stomping on the roof above our bedroom. No notice had been given by our property management company, or anybody else. Both times, I went outside and confronted the people on the roof. The sole individual from the first incident claimed he worked for the owner. He refused to answer other questions. The two people on the roof the second time drove in a regular truck, no corporate identification. After I questioned them at length, they told me the name of the construction firm for whom they said they worked. They told me they were starting a re-roofing project for the owner of the complex. They refused to identify the owner by name. This was the first notice we received.


-April 9th: I asked the onsite, paid representative of the property management company, who is both a licensed real-estate agent, as well as the onsite complex manager, about these people on the roof, and their purported roofing project. The onsite manager said it "was strange," and that she was not aware of any construction plans. She said she would follow up with the owner of the property management company (her boss, Reynold "Ren" Appleton, whom she works with regularly selling property). She said she would report back to me about the people on the roof. As of this writing, April 20th, she has not gotten back to me.


-April 11th: We received this notice, posted on our door, from the property management company. It said a re-roofing project would begin April 13th. The notice, besides providing less than two days to prepare, threatens confiscation of our outdoor personal property.

-April 12th: We responded to their notice in writing. We cited legal reasons, listed at bottom, that the demands made in the notice are not lawful. We faxed our reply on the night of the 12th, and physically dropped off a copy, at the office of the property management company, on the day of the 13th. Our letter stated that we would not move our vehicles, or our personal property in the enclosed, fenced yard and patio area outside our unit. We noted the incompatibility with state laws, and cited common-sense factors such as: insufficient parking space in the street; the high rate of damaged vehicles parked in the street; the lack of sufficient time to apply for a city parking permit (which is required to park on the street longer than 72 hours, even if the car is moved every day), and lack of time to prepare our yard and patio. We requested that the construction company be mindful of our personal property, and dump the roof debris appropriately.

-April 13th: Roofing project begins over units west of ours. The project began over ours days before.

-April 14th: Earlier today, an unfamiliar car blocked our car's path out of the driveway, and the path of our second car into the driveway.Then, our blocked car was battered by falling construction materials. We did not consent to have our car covered with a tarp. We were not asked or advised of their intention to cover the car, or block our ingress and egress. We wrote down the license number of the blocking vehicle, but have not tried to find the owner - the construction workers, do not willingly answer questions. Management refuses to answer our questions entirely, or provides misinformation, such as the onsite manager's oral assurance, on April 9th, that she was not aware of any upcoming roofing project. The construction company has had one or two large debris receptacles onsite, but chose not to use them, instead dumping much of the debris in our backyard, our front garage entrance, and on our car nearest the garage.

-April 14th, 2005: I went outside and found that the construction company has been stealing our electricity, from an outdoor socket we pay for, to power their construction tools during this re-roofing project. Additional pictures in the A/V section confirm the path of their power cords into our exterior socket. Most of the workers must be tenants too, so they must have known the electricity they were using was being paid for by a tenant.

-April 14th, 2005: Heard a huge crash and looked out the window...the roofers dumped roof debris on top of our heat pump- debris fell through the pump's grate, into it's mechanism. Spent two hours this evening clearing the debris from inside the pump.

-April 15th, 2005: A roofer threw two, large rubber buckets down on top of our outdoor chairs and plants. Already, our plants, potted and planted in the ground, have been accosted for days by falling debris, including the plants on our attached patio. I walk around the building every morning, before the crews arrive, I've never seen debris on our neighbor's heat pumps, today I got a picture of two of the three other heat pumps.

-April 15th, 2005: 7mb camcorder videotape (mostly audio, some video from my knit pocket) of the following discussion with the construction crew and their boss. 2.8 mb compressed audio only of same incident (this is the same 12-minute audio file as above). In the beginning of the conversation, the crew admits to using our electricity.

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Synopsis of Recording: At the direction of their foreman, the roofing workers entered our fenced, backyard and attached patio area. I went outside, video recorder in front pocket, and asked them to identify for whom they worked. They refused to answer. I ask them to leave my yard area. They refused. I ask them why they damaged my personal property, as well as the building owner's heat pump, as well as using our electricity to power their equipment. They apologized, called for their foreman, and unplugged the line from our outdoor socket to their equipment. To talk with their boss, I walked from the backyard, back inside, then out the front door. He was coming from the same logo-ed van (close-up), that I photographed on the 13th. He was speaking by cell-phone, to the owner of the property management company (the identification of the property management owner can be heard, and inferred, in the tape). The construction foreman refused to identify himself; he became irate; he seemed to claim we have no property rights because the unit is a rental; he asked the property company owner, who was on the phone, if he could have me arrested for bothering his workers. After receiving the OK from the property manager to re-enter our yard, the construction boss ended the cell-phone conversation, and told his workers to go back into our enclosed yard area, and attached patio, to finish clean-up, and also to start the next phase of the project - the "re-siding" of the building (that 24-hour notice of April 11th said we would be advised in advanced of this next painting and siding phase). I took this picture of a worker back in the yard area, after our conversation took place.

-April 16th, 2005: It is Saturday morning, and the construction crew is here banging around our front door. Saturday night our front patio light, a fluorescent light we paid for, is gone along with the fixture. In this high-crime neighborhood, we kept that light on 24/7.

-April 17, 2005: Finally, they take a day off. My girlfriend and I can get some sleep.

-April 18, 2005: Re-siding project back in full swing. Noisy as the roofing was, with the tearing off of shingles on the sides of the building. This second debris receptacle been parked here off and on, got a picture of the second debris receptacle today.

-April 19, 2005: Painting begins. All our windows, and our back door, have been wrapped in cellophane. Our door was painted, including the locks we bought ourselves. My girlfriend called me from her car, after leaving for work tonight, to complain that she couldn't lock our top door lock, because it was gunked up with paint. I locked the lock from the inside - it is a double-sided double-bolt.

-April 20, 2005: A quiet morning - finally. Crew didn't show up until 10:00 AM. Windows and back door still wrapped in cellophane. I broke through the patio cellophane. Took pictures of the cellophane, and the mess of paint in our yard, and the paint on our door lock - noticed that each of our neighbor's door locks were taped with masking tape before painting our lock obviously wasn't. I cleaned the external side of our lock with rubbing alcohol, it seems to work fine again. Now they are using some kind of vacuum thing on the roof as they stomp around - loud as heck.

-April 21, 2005 The pounding and construction noise continued 8am-6pm six days per week, until the project ended (we hope) Thursday, April 21, 2005. The external front door light was re-installed. Most of the nails and the painter's tools were cleaned from our yard, but damage to our plants, wood trim remains, as does much of the mess of roof debris, spilled paint and carelessly treated yard tools. Paint and paint supplies still litter the common areas.

-April 24, 2005 : after the construction project apparently ended, I spoke to the on-site manager as she was off-loading groceries from her car. She told me that a landscaping project was to begin yesterday, but the landscapers did not show up (perhaps the landscapers are a clean-up team for the paint supplies still littering the common areas ?) She said she was unhappy with the noise too, but couldn't do anything about it. She said she already complained to the Property Management Company, and the Owner of the apartment building. She said the Owner of the apartment building, and the Owner of VT Construction are friends, but as far as she knows, not relatives. She said she knows, as a licensed reality agent, that the notice of April 11th, threatening confiscation of personal property, was illegal. I complained about the paint in our lock. I complained about the damage to the heat pump. I complained about the continued 24-hour notice violations. I complained about the coercive threat to have me arrested. She said she was upset by VT Construction and Appleton too, and was considering moving - the implication I got, was that our only recourse was also to move. As a licensed reality agent, and an agent of our Property Management Company, she could have enlightened me about our legal rights, or provided some remedy. When I asked how she is compensated by Appleton Properties, for her services as a reality agent, and for her work fielding apartment complaints, and tending the common areas of our apartment complex, she was evasive, but said her rent was "decreased" for apartment-related work, and soon said she had to go back inside and put away groceries. She would not answer if she was paid commission for selling properties for Appleton, including this Apartment complex.

June 1-3 Our cars and home have been hit with raw eggs for two nights in a row. Broken glass was spread next to the driver's-side door of my girlfriend's car.

June 7: We mailed this letter [1.3mb redacted PDF] to each of the homes of the property management corporation owners/agents listed on the business license. With each letter, we included our physical evidence above on a CD-ROM. We asked again that they cease their campaign of domestic terrorism, coercion, and illegal eviction. As of June 18, they have not replied.

June 18 We receive odd phone calls at all times of day and night - hangups and empty machine-recorded messages that go on for minutes. Strange phone calls and hangups have never plagued our fee-for-minute cell phones before.

June 22
Girlfriend's car's paint was fried today by another bombardment of eggs. Neighbor's car's remain unmolested [we took pictures, but choose not to post them to respect all of our neighbor's privacy]. In discussion outside while surveying most recent damage, one of our neighbors from the same complex related a similar story of Appleton threats and abuse - including a personal threat by our Landlord, to his wife by telephone, which he told me left her shaken. Appleton's threats to our neighbors, including to the husband who related his experience to me, used the same vague, "ominous" language and tone, as the threat Appleton transmitted to us via our [not anymore] attorney:

Our ex-Attorney in Email to me and girlfriend on May 25, 2005 (entirety of message, first name redacted):
"Just wanted to tell you I faxed off your preconditions for allowing a walk thru to Appleton. ---- Appleton requested it be faxed to them so they could forward it to the legal dept. He made some ominous BS about holding you responsible if the sale falls through. Whatever."

Landlord to wife of neighbor by telephone, also approximately around same date (paraphrasing from recollection of conversation with threat recipient's husband):
"bad things are going to happen to you if you don't .... "

TOC




Legal Raving:

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With two days left until the Appleton-promised eviction action against us commences, we are left the option of proceeding Pro Se (as one's own lawyer), against Appleton's bottomless pit of morally bankrupt attorneys. Or, we can attempt to find honorable and competent legal counsel (if such counsel exists any longer in a system itself corrupt). We have no more money for our defense, except very modest funds set aside for retirement. Our [ex] attorney took all the retainer money, without performing a single service - and he won't give it back. He reasons no warranty was provided in our contract. Obviously, the contract between he and us is no longer valid - he breached our contract by his deliberate, outrageous, bad-faith conduct and disregard to obligations and even basic human dignity, well documented in emails.
At the very least, the dereliction of duty, corruption and/or incompetence amounts to legal malpractice; perhaps it is criminal. His clients should have already been assisted through these troubles waters. Now, we could literally find ourselves homeless, amongst the thousands or millions of other tenants also barred from receiving constitutional justice.
"Ominous BS": prophetic words indeed.
We noticed too, our ex-attorney also appears to claim non-profit status for his for-profit business, by registering his website using a "dot-org" top-level domain, reserved by tradition and the honor system for non-commercial and not-for-profit enterprise.
PROFESSIONAL CONDUCT: Oregon Law Pertaining to the Bar
 
      9.460 Duties of attorneys. An attorney shall:
      (1) Support the Constitution and laws of the United States and of this state;
      (2) Employ, for the purpose of maintaining the causes confided to the attorney, 
              such means only as are consistent with truth, and never seek to mislead the 
              court or jury by any artifice or false statement of law or fact;
      (3) Maintain the confidences and secrets of the attorney's clients consistent 
              with the rules of professional conduct established pursuant to ORS 9.490; 
                  and
      (4) Never reject, for any personal consideration, the cause of the defenseless 
              or the oppressed. [Amended by 1989 c.1052 9; 1991 c.726 5]


Oregon Bar: Attorneys, Traitors, or Prophetic Shakespearean Tragedy?
 General Guidelines
...
1.7 In appropriate cases, we will advise our clients of the availability of mediation, arbitration, 
    and other alternative methods of resolving disputes.
1.8 We will avoid all forms of discrimination. We will actively support all efforts to assure that 
    all members of our society are afforded the protections and rights provided by law.
1.9 We will not knowingly misstate facts or law. We will not knowingly cause a person to form a mistaken
    conclusion or facts of law.
1.10 We will learn and follow practices and civilities that encourage respect, diligence, candor, 
      punctuality, and trust.
1.11 We will avoid unjust and improper criticism and personal attacks on opponents, judges, and others 
     and will refrain from asserting untenable positions.
1.12 We will not use delaying tactics.
1.13 We believe lawyers should solve problems, not create or exacerbate them.
1.14 We will be knowledgeable in the areas in which we practice, and when necessary will associate 
     with or refer clients to counsel knowledgeable in other fields of practice.
1.15 We will not threaten to make complaints to a regulatory agency to gain advantage.
1.16 We will honor the client's right to our candid view of opposing counsel only to the extent 
     that those views are relevant to the client's interests and not for the purpose of disparaging 
     other counsel.

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Litigation 2.1 We will advise clients against pursuing litigation that is without merit. 2.2 We will not use tactics that are intended solely to delay, harass, or drain the financial resources of the opposing party. 2.3 Whenever litigation is contemplated in order to preserve the rights of a party against the running of a statute of limitations, we will endeavor before filing the action to seek an agreement to toll the statute of limitations long enough to investigate whether a lawsuit is warranted. 2.4 We will not assert claims for relief that have no merit. 2.5 Upon receiving a complaint and, if possible, before a responsive pleading is due, we will try to initiate informal discussions with opposing counsel to determine the precise nature of the claim, the prospect of settlement, and the possible use of alternative dispute resolution. We will try to reach agreement for scheduling of future motions, discovery, pretrial conferences, and other matters in an effort to reduce the cost of litigation to the parties and to accommodate all parties' schedules. 2.6 With respect to discovery, we will not seek information from our adversaries for the purpose of harassment, nor will we refuse to produce information that we know the court will ultimately require to be produced. We will try to schedule depositions informally by mutual agreement for the convenience of parties, counsel, and witnesses before resorting to formal notice procedures. 2.7 In making motions, we will consider costs and benefits to the parties, the court, and the system of justice, giving due consideration to any tradeoffs to our clients and the progress of the case as a whole. Motions will be considered carefully in light of the likelihood of success and practical benefit to the client. 2.8 We will make every effort to be punctual in attending hearings, conferences, and depositions. 2.9 In civil matters we will stipulate to facts as to which there is no genuine dispute. 2.10 We will encourage innovative methods that simplify and make less expensive the rendering of legal services. We specifically adopt and incorporate in this statement the cost containment guidelines promulgated by joint action of the Oregon Trial Lawyers Association and the Oregon Association of Defense Counsel. Business Practice 3.1 We will endeavor to represent the best interests of our clients and at the same time seek to resolve matters in a manner that minimizes legal expenses for all involved and accomplishes the goal of our client. 3.2 We will clearly identify, for other counsel and all parties, all changes made in documents submitted for our review. 3.3 We will avoid quarrels over matters of form or style and will concentrate our energy and resources on matters of substance and content. 3.4 In making representations concerning the facts of a matter, we will be accurate and indicate clearly the extent to which we have authority to bind the client. Lawyering in the Public Interest 4.1 When the interests of our clients are not involved, we will endeavor to put aside self-interest and support legislation that is in the public interest. We will urge legislative bodies to consider the consequences of proposed legislation on the courts and legal system. 4.2 We will discuss the nature of the fee arrangement with the client at the beginning of the representation. 4.3 We will avoid advertising that is not fair, factual, informative, sensitive to the recipients, or beneficial to the public. 4.4 We will endeavor to increase our participation in pro bono activities. We will help lawyers recognize their obligation to make legal services available to all members of society. 4.5 We resolve to employ all the organizational resources necessary to assure that the legal profession is effectively regulated from within. 4.6 We will support activities that educate the public about legal processes and the legal system. Conclusion We are committed to this statement of professionalism and we will conduct the practice of law in a manner consistent with these precepts. ... ORDERED that, in pursuit of these objectives, the Supreme Court of the State of Oregon hereby approves the Statement of Professionalism adopted by the Oregon State Bar on October 5, 1990, attached to and made a part of this order. DATED this 23rd day of January, 1991. The Supreme Court of Oregon By: /s/Edwin J. PetersonChief Justice By: /s/Wallace P. Carson, Jr.Associate Justice By: /s/W. Michael GilletteAssociate Justice By: /s/George A. Van HoomissenAssociate Justice By: /s/Edward N. FadeleyAssociate Justice By: /s/Richard L. UnisAssociate Justice By: /s/Susan P. GraberAssociate Justice

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http://www.shakespeare-literature.com/Henry_VI,_part_2/13.html CADE I fear neither sword nor fire. SMITH [Aside] He need not fear the sword; for his coat is of proof. DICK [Aside] But methinks he should stand in fear of fire, being burnt i' the hand for stealing of sheep. CADE Be brave, then; for your captain is brave, and vows reformation. There shall be in England seven halfpenny loaves sold for a penny: the three-hooped pot; shall have ten hoops and I will make it felony to drink small beer: all the realm shall be in common; and in Cheapside shall my palfrey go to grass: and when I am king, as king I will be,-- ALL God save your majesty! CADE I thank you, good people: there shall be no money; all shall eat and drink on my score; and I will apparel them all in one livery, that they may agree like brothers and worship me their lord. DICK The first thing we do, let's kill all the lawyers. CADE Nay, that I mean to do. Is not this a lamentable thing, that of the skin of an innocent lamb should be made parchment? that parchment, being scribbled o'er, should undo a man? Some say the bee stings: but I say, 'tis the bee's wax; for I did but seal once to a thing, and I was never mine own man since ...

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Additional A/V Evidence:
Photos-Car (second red car is not ours, blocks our closest car from pulling out, and our furthest white car from pulling in): 1 2 3 4 5 6 7 8 9 10 11
Photos-Power Cord and Path to Our Outlet: 1 2 3 4 5
Photos- Our Fenced BackYard and Patio Debris and Crew: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Photos-Construction Company Truck, and Phone Listing: 1 2 3 phone website for phone listing
Photos- Very Little Debris; No Damage To Other Tenant's Homes: 1 2 3 4 56 7
Audio-Interior Noise from Exterior Work (downstairs, as far away as possible): 1.1mb MP3
Audio-Discussion with Crew, Appleton Owner, and Contractor Foreman: 2.8mb MP3
Downloadable video and audio (not much of interest on video): 6mb divx AVI 4mb Windows Media 9 Apple Quicktime MP4 Stream in new window
Documentation: Previous 24-hour Notice Violations Letter of Complaint Re 24-hour notices April 11th Notice April 12th Response: 1 , 2

Appleton Property's Email To Us Listing Their Homes For Sale (sent by next door on-site manager)

Appleton Business Links: Appleton Business License (oregon e-gov) June 3, 2005 Screen Capture of Business License Information

Other pertinent Appleton business associations and practices: BMACC: 1 2 OWCAM: Membership List
[screen captures of the above websites on July 3, 2005: 1 2 pdf of OWCAM list: 3]

Portland Business Alliance: Membership List Realty Corporations In Portland Alliance [screen capture pdfs from July 3, 2005: 1, 2]

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Landlord-Tenant dispute nearby ends in tragedy - KPTV Local News May 31, 2005: most recent KPTV link

Video

(ALL VIDEO EXCERPTS BELOW TRANSCODED WITHOUT ALTERATION FROM THEIR ORIGINAL SOURCES IN ACCORDANCE WITH U.S. COPYRIGHT FAIR USE PROVISIONS ALLOWING EXCERPTS AND LIMITED REPRODUCTIONS FOR PURPOSES OF JOURNALISM, RESEARCH, CRITICISM AND EDUCATION. ACCORDINGLY, THESE EXCERPTS ARE NOT INTENDED FOR COMMERCIAL SALE OR COMMERCIAL DISTRIBUTION WITHOUT WRITTEN AUTHORIZATION OF KPTV )

KPTV Local News Report Videos (2min 39sec) - control or command click to download to browser's download folder

Windows Media 9: 6.5mb Apple/Linux MP4/AAC stream : 7.5mb AVI also available - no room left on server

Open MP4 Stream in new window (Some browsers)

Image of story:June 3, 2005

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"Verbal dispute in The Dalles ends in shooting"
Victim's family reacts to shooting in The Dalles
THE DALLES [STORY MAY 31, 2005]-- One man remains in critical condition after a verbal dispute ended in a shooting Sunday near The Dalles. Thirty-year old Josh McCaleb's family says its all over a disagreement about water between a landlord and his tenant. The Wasco County Sheriff's Office is releasing few details, saying only that the shooting on Five Mile Road south of town was a landlord/tenant dispute over water. But Josh McCaleb's friends and family say the landlord had come over Saturday night and reported McCaleb to the police for growing marijuana. But apparently McCaleb has a medical marijuana card and authorities did not arrest him. Late Sunday morning the landlord reportedly returned to the house on Five Mile Road with his son, who carried a gun. McCaleb's girlfriend was there and says the landlord tried to rough her up after she started videotaping the confrontation. That's when shots were fired. McCaleb was shot once in the chest; his dog, a rottweiler, was shot to death. McCaleb remains on life support, and despite an eyewitness account, no one has been arrested or charged in the shooting of Josh McCaleb, leaving his Wasco County family sad and angry."

Video Capture Of TV Story

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SOURCES FOR LAWS CITED IN CORRESPONDENCE WITH PROPERTY MANAGEMENT CORPORATION:
ORS Title 10 chapter 90:local copy original source ORS Title 10 chapter 105: local copy original source Covenant of Quiet Enjoyment: local copy original source Tualatin Municipal Code Restricting Unlicensed Street Parking:
local copy original source
General Legal Information: Antitrust Update NOLO

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Global Consequence of Nationwide Property Speculation

Co-op Complex Communes

  • Newsweek - Passionate Purchases: "I did find an apartment I thought I was going to buy, a studio on Jane Street for $220,000. Then they gave me the co-op forms. I just couldn't believe I had to show them my last three years of tax returns and they didn't just want the top page, they were going to see what my deductions were for! It was awful. [They asked] the size of my dog, whether he was a biter or a barker. It was incredibly intrusive and disturbing to me that all these people I didn't know at all would see me in the elevator and know everything about me. Eventually I didn't buy it ..."

  • SF Examiner - Big apartment buildings next in eviction fight ... Tenant groups wary of more displacements:
    "Speculation on bigger apartment buildings is being fueled, in part, by widespread reports that at least two city banks are preparing to offer a new type of mortgage loan specifically catering to tenancy-in-common, or TIC, buildings, in which an individual owns a portion of a building as opposed to a specific apartment, according to several attorneys involved in the TIC industry."

  • NY Times - In a Co-op, One Apartment, One Vote: "Q: In our co-op, each apartment is given one vote, regardless of the number of shares allocated to the apartment. When two apartments are combined into one, the resulting apartment gets one vote. Is this normal and legal?"

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