I entered into a business arrangement in which my wife and I were provided a private mortgage. Six months later, an attorney in Nevada formed an LLC naming me as managing member using my home address for the LLC. My wife and I do not live in NV. I had never met, heard of or spoken to this attorney. He signed his name as manager on the line requesting mine. One year later I received a renewal bill for the LLC. This was the first I learned it existed. After an investigation I learned who formed it and requested it be dissolved. The private lender refused claiming the LLC provides them ownership of the property they issued the loan against. As there was no LLC agreement and I was the only person listed as a member, I dissolved it myself. The lenders then filed a Federal Lawsuit in Nevada citing jurisdiction based on the Nevada LLC. The attorney who claimed to represent me in the LLC filing was listed as opposing counsel. The case has dragged on for years, severely crippled our finances and well being. Last month we successfully had the attorney disqualified. Can I bring a lawsuit against this attorney in the state I reside for damages caused by the LLC? What would my claim be called.
You can bring a claim against this attorney if he fraudulently used your personal information and damaged you as a result. You may also have grounds for filing a criminal complaint against him for fraud and identity theft among other things, although that is not entirely clear from your statement. Your facts are not clear. You state that you apparently took a loan from a private lender. You then state that an LLC was formed 6 months later and somehow the lender is claiming an ownership interest in property that was given them by some agreement with the LLC. This makes no sense. How does the LLC make a binding agreement with the lender 6 months after the fact? Did you, in fact, borrow money and did you intend to secure the debt with property? Where does the property lie? If the lender got a security interest from an LLC that was not authorized then you may be able to get the security instrument (the mortgage) ruled invalid. There are too many variables to properly answer your question in a forum such as this. I suggest you consult with a real estate attorney to go over the facts in detail and determine what the appropriate action would be.
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I agree that there are far too many questions, and not enough facts, upon which to assess the situation. It's unclear whether your private mortgage and the private lender were parties to the same transaction(s). It would have spared you much grief if you had not dissolved the LLC - no one can make you a member of an LLC without your knowledge and consent. You should consult with an experienced Litigation Attorney to assess any actions against the attorney and any other parties.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law.
There is more than you are saying. Why would there be a case over your dissolution of your LLC. You can probably sue locally but it depends how the attorney got involved. You do not have to be in NV to have an NV LLC, so that is not improper.
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