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Now comes Plaintiffs, Leone1, LLC (Leone1) and Compound Property Management
LLC (CPM), (collectively, Plaintiffs), by and through the undersigned counsel, and for their
This case involves a complex business scheme where Defendant Build Realty, Inc. and
Defendant Edgar Construction LLC (collectively, Defendants) solicit investors to purchase and
improve real property from/through them under a fraudulent structure, prohibited by Ohio law.
certain real property from a third party, then immediately resells the property at a higher price to
itself as trustee of a trust under which the investor is the beneficiary. Edgar Constructions
affiliated entity, Build Realty, Inc. (Build Realty) agrees to lend the investor the after-
renovation-value of the property, including the higher purchase price and an additional amount
for improvements (held in escrow). As part of this transaction, the investor, Build Realty, and/or
Edgar Construction simultaneously execute numerous agreements, under which the investor is
obligated as a mortgagor and borrower on a note for the amount loaned by Build Realty. One of
the documents signed during this transaction also purports to allow Defendants to reclaim the
property, extinguishing the investors rights therein, upon any default and without the
opportunity for cure or any subsequent foreclosure or deed in lieu of foreclosure. The structure
Transactions.
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The Ohio Supreme Court and courts throughout the state have recognized the structure of
the Transaction as an improper clog on the right to redemption. See Shaw v. Walbridge, 33 Ohio
St. 1 (1877); Panagouleas Interiors v. Silent Ptnr. Group, Inc., 2d Dist. Montgomery No. 18864,
2002 Ohio App. LEXIS 1305, *25 (Mar. 22, 2002). Additionally, the Transaction is fraudulent,
void for unconscionability and as against public policy, and involves numerous breaches of the
fiduciary duties owed to the investors (which are the beneficiaries of the trusts). This Transaction
(i) the retention of the down payments paid on the properties, (ii) the difference in the purchase
price that Edgar Construction paid and the purchase price for the conveyance from Edgar
Construction to Edgar Construction, as trustee, and (iii) any foreclosure proceeds the investor(s)
would have realized. Plaintiffs, on behalf of themselves and those similarly situated, ask the
Court to remedy the harm that Defendants caused and continue to cause those who invest with
Hamilton County, Ohio, which sometimes does business under its registered trade name,
Greenleaf Funding.
2. Edgar Construction is an Ohio limited liability company with its principal place of
3. Upon information and belief, Defendant BBT Series XVI LLC is a Texas limited
liability company and is listed as the mortgagee in the Transaction between Edgar
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4. Upon information and belief, Defendant John Doe is a private investor who,
through initial funding, assists Edgar Construction and/or Build Realty in obtaining the
properties at issue in this case, which Edgar Construction and/or Build Realty later
purport to transfer, with knowledge of Edgar Construction and/or Build Realtys business
Ohio.
Ohio.
7. Jurisdiction and venue are proper in this Court because the named parties are
located or do business in Hamilton County, Ohio, and the Transactions and occurrences
8. Jurisdiction and venue are further proper in this Court as the pieces of real
property that are at issue in this matter are all located in Ohio.
BACKGROUND FACTS
and/or addresses.
10. Upon information and belief, Gary Bailey (Bailey) is a managing member,
11. Defendants routinely engage in giving wholesale loans based on the amount of
12. The ARV represents the value that will be assessed to each property after the
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13. To effectuate such Transactions:
through them;
b) One or both Defendants create a trust and makes the investor the beneficiary
property (for a higher price) to itself as trustee of the trust under a double
closing arrangement;
e) Build Realty loans the investor money equal to the ARV, which includes the
(always higher) purchase price of the property in the conveyance from Edgar
f) In exchange for Build Realty agreeing to lend the investor the ARV of the
Interest stating that the investor waives its right to redemption (also waiving
its right to exceeds proceeds upon a foreclosure sale) and that the beneficial
interest in the property will immediately transfer to Build Realty in the event
amounts owed under note and/or the mortgage associated with the
property.
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g) The investor also signs a promissory note promising to make high interest
of the remaining principal amount (which includes the purchase price and the
same Transaction.
14. The above Transaction structure improperly allows Defendants to hold the
property as trustee (as to Edgar Construction) and as beneficiary (as to Build Realty) in
the event of the investors default, such that no foreclosure or other court action is
necessary to regain title or possession of the property from the investor, who paid
15. Ohio recognizes a statutory right to redemption under R.C. 2329.33, as well as an
16. Having the investor execute the Collateral Assignment of Beneficial Interest
17. Additionally, forcing the investor to sign the Collateral Assignment of Beneficial
Interest robs the investor of any excess proceeds it may have realized through a
statutorily mandatory foreclosure sale. It also deprives the investor of exposure to the
Defendants to keep the investors down payment and the investors property, such that
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Defendants are free to resell it, repeat this scheme with another investor, and continue to
19. Through these Transactions, Edgar Construction accepts and executes trusts of
20. R.C. 1111.02(A) and 1111.06(A) require that Edgar be licensed as a trust
business.
21. Upon information and belief, Edgar is not and has never been licensed as a trust
business.
22. Upon information and belief, Defendants have entered into dozens, if not
23. This action is filed on behalf of those persons and/or entities that suffered losses
24. Pursuant to Rules 23(A), (B)(2), and (B)(3), Plaintiffs bring this action on behalf
25. The Class consists of Plaintiffs Leone1, LLC and Compound Property
Management, LLC (collectively, Plaintiffs), and all other persons and entities in Ohio,
individually and collectively, who invested in real property, by, through, or with any of
the Defendants named herein, through the Transaction structure further described and
defined herein, and subsequently defaulted under the terms of the Transaction, forcing
them to relinquish their interest in that property, within the past four years.
26. Excluded from the Class are Defendants, their employees, officers, directors, legal
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companies; class counsel and their employees; and the judicial officers and their
immediate family members and associated court staff assigned to this case.
27. The Class is so numerous that joinder of all Class members is impracticable.
28. Plaintiffs claims are typical of the claims of the other members of the Class
because all members of the Class sustained damages of the same nature resulting from
29. Plaintiffs will fairly and adequately protect the interests of the members of the
Class. Plaintiffs have retained experienced and competent counsel, and Plaintiffs have no
30. Defendants have acted or refused to act on grounds generally applicable to the
Class, thereby making it appropriate for the Court to render final injunctive relief or
31. Common questions of law and fact exist as to all members of the Class and
predominate over any questions solely affecting individual members thereof. Among the
b) Members of the Class were all forced to relinquish their interests in their
properties;
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i. As such, a common question exists as to whether Members of the
foreclosure sale;
c) Members of the Class were all beneficiaries under trusts that Defendants
created and/or executed and for which one or more Defendants served as
members;
d) Common questions also exist as to whether Plaintiffs and the Class are
and/or other relief and the amount and nature of such relief to be awarded to
32. A class action is superior to other available methods for the fair and efficient
relatively small, the expense and burden of individual litigation makes it nearly
impossible for Class members to seek redress for the wrongs done to them. No unusual
33. Fast Close, LLC, an Ohio limited liability company, and HH Holdings, LLC, an
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34. Catherine Brill (Brill) is a member of Fast Close, LLC. Richard Hardin
35. In 2014, Brill and Hardin partnered to form Leone1 to start real estate investing.
36. Shortly thereafter, Hardin and Brill discovered Build Realtys website and
37. Mark Arbino, a former employee or agent of Build Realty who is no longer
affiliated with Build Realty, began soliciting Leone1 to purchase property through
Defendants.
38. On July 1, 2014, Leone1 and Edgar Construction executed a Contract to Purchase
(Leone1 Purchase Contract) whereby Edgar Construction agreed to sell the property at
issue in this case, located at 5121 Leona Dr., Green Township, Ohio 45238 (the Leone1
Property) to Leone1 for a purchase price of $55,900. The Leone1 Purchase Contract
characterizes the sale as a cash sale and does not mention either Build Realty financing
the sale or Edgar Construction purchasing the Leone Property as trustee. A true and
39. Edgar Construction, by and through Bailey, and Leone1, by and through Hardin,
executed a Trust Agreement for Trust 129, and Memorandum of Trust, both dated July 1,
2014.
40. Trust 129 was created by Edgar and/or Build Realty, or an agent thereof, for the
41. On July 31, 2014, Edgar conveyed the Leone1 Property to itself as Trustee of
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42. Upon information and belief, the Leone1 Property was the only corpus of Trust
129.
memorialize the conveyance of the Leone1 Property, including (1) a Quit Claim Deed,
(2) an Open End Mortgage and Security Agreement, (3) a Balloon Payment Promissory
Note (with an Addendum Additional Language for Promissory Note and Allonge to
Note), (4) a Combined Security Agreement and Assignment of Rents and Leases, (5) a
Agreement, (10) a Construction Loan Agreement, (11) an Escrow Draw Policy, (12) a
Limited Power of Attorney, along with standard closing documents (all of the contracts
and/or agreements referenced in this Paragraph are collectively referred to as the Leone1
Transaction throughout this Complaint). True and accurate copies of the Leone1
through N. Any other contracts and/or agreements executed as part of the transfer or
44. Through the Leone1 Transaction, Edgar (as the conveyor), conveyed the Leone1
Property to itself (as the conveyee), as Trustee of Trust 129, for the benefit of Leone1 as
45. Upon information and belief, as part of the Leone1 Transaction, Leone1 paid a
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46. Upon information and belief, Edgar Construction (as the conveyee) did not pay
47. Build Realty, a closely affiliated entity of Edgar Construction, financed the
48. Leone1 was obligated under the Leone1 Transaction to make 18 monthly
payments to Build Realty, beginning August 1, 2014 and ending January 31, 2016,
followed by a balloon payment for any remaining principal, plus interest due under the
49. Per the Leone1 Transaction, Defendants became the conveyor, the conveyee, the
Trustee of Trust 129, the Beneficiary of Trust 129, and the lender with regard to the
50. Thus, Leone1 received little more than obligation in exchange for its
consideration.
51. After the Leone1 Transaction was executed, Leone1 began improving the Leone1
Property.
52. As part of the Leone1 Transaction, Defendants agreed to set funds aside in an
escrow account that were to be used by Leone1 to pay for improvements to the Leone1
Property.
53. Defendants did not allow Leone1 to choose which contractors, individuals, and/or
entities to hire to perform work on the Leone1 Property, but forced Leone1 to use
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54. Upon information and belief, Defendants were aware that Build Preferred
Contractors repeatedly failed to perform the work agreed to or performed such work in in
55. Despite this knowledge, Defendants directed Leone1 to hire the Build Preferred
Contractors.
56. Leone1 hired the Build Preferred Contractors to work on the Leone1 Property,
and the Build Preferred Contractors failed to perform the work agreed to or performed
57. Upon information and belief, one or both Defendants received a benefit for
directing Leone1 to hire the Build Preferred Contractors, which was undisclosed to
Leone1.
58. When the Build Preferred Contractors failed or refused to finish the work
forced to use its own funds (i.e., not those held in escrow as part of the Leone1
59. Due to the financial strain of paying other contractors to finish or repair the work
that the Build Preferred Contractors either did not perform at all or did not perform in a
workmanlike and satisfactory manner, Leone1 was unable to continue making its
60. Defendants retained the Leone1 Property, all funds paid by Leone1 through and
after the Leone1 Transaction, and all improvements to the Leone1 Property that Leone1
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62. Leone1 never executed a deed in lieu of foreclosure in favor of Defendants.
63. Leone1 never signed any documents releasing its interest in the Leone1 Property,
aside from the Collateral Assignment of Beneficial Interest, executed at the time of the
64. Defendants then sold the Leone1 Property to a third party for $110,000, over
65. Defendants retained this substantial profit and did not compensate Leone1 for any
66. Defendants did not compensate Leone1 for any proceeds to which it would have
been entitled if the Leone1 Property were sold at a foreclosure sale (i.e., the difference
between the purchase price and the amount Leone1 purportedly owed under the Leone1
Transaction).
67. Upon information and belief, Defendants made a greater profit by retaining
Leone1s down payment, the Leone1 Property, and the value of improvements made
thereto upon Leone1s alleged default than they would have made had Leone1 not
defaulted.
real estate.
69. In preparation for her first real estate investment, Robinson formed CPM.
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71. Robinson saw a Build Realty sign on or around September of 2016 and called the
number on the sign. Jamie Cain, an employee and/or agent of one or more Defendants,
answered the call and solicited Robinson to purchase a property through Build Realty.
72. On October 20-21, 2016, CPM and Edgar Construction executed a Contract to
Purchase real property located at 1915 Acorn Drive, Cincinnati, Ohio 45231 (the CPM
Property) whereby Edgar Construction agreed to sell the CPM Property to CPM for a
purchase price of $26,900 (the CPM Purchase Contract). The CPM Purchase Contract
characterized the sale as a cash sale and made no mention of Build Realty financing the
sale or Edgar Construction purchasing the Acorn Property as Trustee. A true and accurate
73. Edgar Construction, by and through Bailey, and CPM, by and through Robinson,
executed a Trust Agreement for Trust 170, for which there is also a Memorandum of
74. Upon information and belief, Trust 170 was created by Edgar Construction and/or
Build Realty, or an agent thereof, for the purpose of facilitating the transfer of real
property.
75. On December 23, 2016, Edgar Construction conveyed the CPM Property to itself
76. Upon information and belief, the CPM Property is the only corpus of Trust 170.
77. Defendants represented to Robinson that she could not purchase the CPM
Property as an individual, but rather, could only purchase the CPM Property through
CPM.
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78. Defendants and/or CPM executed several contracts and/or agreements that
memorialized the conveyance of the CPM Property, including (1) a General Warranty
Deed, (2) an Open End Mortgage and Security Agreement, (3) a Balloon Payment
Promissory Note (with an Addendum Additional Language for Promissory Note), (4) a
Combined Security Agreement and Assignment of Rents and Leases, (5) a UCC
Escrow Draw Policy, (11) a Collateral Assignment of Beneficial Interest, (12) a Consent
and Agreement of Holder of Power of Direction, (13) a Land Trustees Receipt and
Agreement, and (14) a Compliance Agreement and Limited Power of Attorney, along
with standard closing documents (all of the contracts and/or agreements referenced in this
Complaint). True and accurate copies of the CPM Transaction contracts and/or
agreements are collectively attached hereto as Exhibits P through EE. Any other
79. The CPM Transaction improperly names Compound Management, Inc. as the
Management, Inc., one or more Defendants, including Edgar Construction who is/was
CPMs fiduciary, threatened Robinson with additional closing costs and associated fees if
she insisted upon amending the documents to include the proper and accurate name.
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81. Through the CPM Transaction, Edgar Construction (as the conveyor), conveyed
the CPM Property to itself (as the conveyee), as Trustee of Trust 170, for the benefit of
82. As part of the CPM Transaction, CPM paid a down payment in the amount of
$10,000.00.
83. Additionally, after the CPM Transaction, CPM used its own funds (i.e., not those
held in escrow as part of the CPM Transaction) to make repairs and/or improvements to
the CPM Property, including new flooring, new paint, a new screen door, new carpet,
new appliances, and required plumbing repairs. CPM also paid utilities and maintained
the CPM Property, and made several interest payments to Build Realty.
85. Upon information and belief, Edgar Construction (as the conveyee) did not pay
86. Build Realty dba Greenleaf, a closely affiliated entity of Edgar Construction,
87. CPM is obligated under the CPM Transaction contracts and/or agreements to
make eighteen monthly payments to Build Realty, beginning February of 2017 and
ending June of 2018, followed by a balloon payment for the remaining principal plus
interest due under the loan executed under the CPM Transaction.
88. Per the CPM Transaction, Defendants became the conveyor, the conveyee, the
Trustee of Trust 170, the Beneficiary of Trust 170, and the lender with regard to CPM
89. Thus, CPM received little more than obligation in exchange for its consideration.
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90. CPM stopped paying its interest payments on the CPM Transaction in or around
May of 2017.
91. On or around June 2, 2017, Defendants sold the CPM Property to Gayle Stock,
92. The $31,500 purchase price for the June 2, 2017 sale of the CPM Property
93. Defendants did not notify CPM of the June 2, 2017 sale of the CPM Property.
94. Defendants did not obtain CPMs consent to sell the CPM Property.
95. After CPM stopped making its interest payments under the CPM Transaction,
Defendants retained the CPM Property, retained all funds paid by CPM through and after
the CPM Transaction, and benefited from all improvements to the CPM Property that
CPM made or paid for when they sold the CPM Property on June 2, 2017.
97. CPM did not execute a deed in lieu of foreclosure in favor of Defendants.
98. CPM never signed any documents releasing its interest in the CPM Property,
aside from the Collateral Assignment of Beneficial Interest, executed at the time of the
redemption).
99. Edgar Construction did not offer to pay CPM for any of its improvements sold
with the CPM Property, for which CPM paid using its own funds, including but not
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100. Edgar Construction did not offer to pay CPM any portion of the proceeds derived
from the sale of the CPM Property, including the $4,600.00 difference between the sale
price and the amount that CPM purportedly owed under the CPM Transaction.
101. Upon information and belief, Defendants made a greater profit by retaining
CPMs down payment, the CPM Property, and the value of improvements made thereto
upon CPMs alleged default than they would have made had CPM not defaulted.
COUNT I- FRAUD
102. Paragraphs 1 through 101 are hereby incorporated as though set forth fully herein.
103. Edgar Construction held itself out as being a licensed trust business, authorized to
transact trust business in the State of Ohio, by structuring the Transactions as it did,
conveying properties to itself as Trustee of Trust 129, Trust 170, and other trusts,
purportedly for the benefit of Plaintiffs, holding title to the properties in trust, and
104. Upon information and belief, Edgar Construction regularly transacts trust business
105. Edgar Construction is not duly licensed as a trust business authorized to transact
106. Edgar Construction knew or should have known that it was required to be
licensed as a trust business authorized to transact trust business in the State of Ohio as
early as April of 2015 when it was alerted to such fact through counsel. As Edgar
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107. Defendants lacked the authority to structure the Transactions as they did,
including creating the trusts, holding the real property in trust, and providing fiduciary
Transactions under Ohio law, Defendants knowingly and fraudulently conducted business
trust business was material to the Transactions, in that it directly implicates the way in
which the Transactions were structured and Defendants authority to so structure the
Transactions.
its conduct) to their detriment. By acting as a trust business without being duly licensed
as such, the Defendants Transactions lacked the statutorily required oversight from any
regulatory authority. Moreover, Plaintiffs trusted and relied upon Edgar Construction to
attempt to immunize Defendants from any potential action or recourse from Plaintiffs by
divesting Plaintiffs of any opportunities to cure any default or redeem their respective
properties.
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structure and execute the Transactions, Plaintiffs were forced to relinquish their
respective properties, in which they had invested substantial time and money. They have
but not limited to their down payment, their interest payments made before default,
equity that they built in their respective properties, funds used to maintain the properties
and/or pay its utilities, funds used to improve the properties, and/or the excess proceeds
114. In contrast, Defendants profit from their fraudulent and unlawful Transaction
structure.
115. Paragraphs 1 through 114 are hereby incorporated as though set forth fully herein.
116. Plaintiffs were all beneficiaries under trusts for which Edgar Construction served
as trustee.
117. As trustee, Edgar Construction owed certain fiduciary duties to Plaintiffs, all of
which are/were beneficiaries under such trusts, including a duty to administer the trust in
good faith and in accordance with the interests of the beneficiary and a duty of loyalty
118. Edgar Construction engaged in self-dealing and breached its fiduciary duties of
that conveyance alone) and under very harsh, one-sided, and unfavorable
terms;
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b) requiring Plaintiffs to execute the Collateral Assignment of Beneficial Interest
sale;
d) stripping Plaintiffs of their interest in, and all equity built in, their respective
the properties;
the equity they built in the properties, their down payment, their interest
payments, the utilities they paid for the properties, maintenance of the
f) capitalizing off Plaintiffs inability to comply with the extremely harsh and
119. Defendants, including Edgar Construction, profited from their fraudulent and
unlawful Transaction structure, as well as Plaintiffs inability to comply with the hostile
terms of the Transactions (e.g., the high interest rate, the short period of time for making
payments before the balloon payment is due, etc.), and from the financial hardship
Plaintiffs incurred in trying to improve their respective properties in compliance with the
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120. Defendants, including Edgar Construction, also profited from improvements that
121. One or both Defendants, or an agent thereof, helped plan, design, draft, create, or
profited.
122. As a direct and proximate result of Edgar Constructions breach of its fiduciary
proven at trial.
123. Paragraphs 1 through 122 are hereby incorporated as though set forth fully herein.
124. The unconscionable and fraudulent terms of the Transactions and their numerous
included contracts and/or agreements imposed and continue to impose very harsh and
one-sided burdens on Plaintiffs. The unconscionable terms and conduct advanced through
foreclosure laws;
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d) making the bringing of any action by Plaintiffs against Defendants an event of
default, such that Plaintiffs cannot enforce their rights under the Transaction
without forfeiting their beneficial interest and accelerating the full amount of
the loan;
ii. robs Plaintiffs of the proceeds that could have been derived from a
foreclosure sale in the event they were not able to redeem the
properties from sale (i.e., the difference between the sale price and the
f) retaining the properties, all equity built in the properties, all down payments or
maintenance and utility payments for the properties, all without giving
125. Upon information and belief, all of the numerous Transaction contracts and/or
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126. Most, if not all, of the Transaction contracts and/or agreements contain very small
font over several pages. In total, the Transaction contracts and/or agreements exceed sixty
127. Many of the Transaction contracts and/or agreements contain related and/or
conflicting terms, incorporating and referring back and forth to other contracts and/or
agreements.
128. The nature and structure of the Transaction is very complex, even for
sophisticated parties.
129. Plaintiffs lack(ed) Defendants level of sophistication and experience in real estate
132. Upon information and belief, the terms of the Transaction contracts and/or
agreements and the conduct advanced by such terms (e.g., the sale of the properties,
robbing Plaintiffs of the excess proceeds from foreclosure) are unconscionable and/or
133. None of the Defendants, including Edgar Construction, which owed fiduciary
duties to Plaintiffs, acted in the interest of anyone other than Defendants, notwithstanding
that the Transactions were not arms length transactions. Instead, they acted in
furtherance of their own interests, even in contravention of Ohio laws and dereliction of
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134. Additionally, Edgar Constructions conveyance of the real property to itself as
trustees of trusts under which Plaintiffs were beneficiaries constitutes self-dealing and is
135. Plaintiffs are damaged in excess of the jurisdictional amount as a result of the
136. As such, Plaintiffs request that the Court declare the Transaction and each and
every contract and/or agreement included therein, void for unconscionability, illegality,
and/or as against public policy and award Plaintiffs compensatory and punitive damages
137. Paragraphs 1 through 136 are hereby incorporated as though set forth fully herein.
138. Ohio law recognizes both a statutory (R.C. 2329.33) and equitable right to
redemption.
139. Ohio law does not allow a mortgagor to waive its right to redemption as the time
of the transaction.
140. Even waivers of the right to redemption that occur after the transaction (such as a
deed in lieu of foreclosure executed at the time of default) are heavily scrutinized and
properties to Build Realty immediately upon default without any opportunity to redeem
the properties.
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143. The Collateral Assignment of Beneficial Interest was executed at the same time as
the rest of the Transaction purporting to transfer the properties, including the mortgages.
146. Paragraphs 1 through 145 are hereby incorporated as though set forth fully herein.
147. Plaintiffs paid for various improvements at their respective properties with their
own funds.
149. The value of the improvements increased the value of the properties.
151. Defendants retained the proceeds from the sale of the properties including the
proceeds derived from and directly attributable to the improvements made by Plaintiffs.
152. Defendants did not compensate Plaintiffs for any of the improvements.
153. Under the circumstances, it would be unjust to allow Defendants to retain the
determined at trial.
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WHEREFORE, Plaintiffs, individually, collectively, and on behalf of all other persons
similarly situated, pray for the following relief against Defendants Build Realty and
Edgar Construction:
A. Judgment against Defendants Build Realty and Edgar, jointly and severally, in
compensatory damages, including but not limited to all down payments and
Plaintiffs expense;
C. Punitive damages;
D. Attorneys fees;
E. Court costs;
F. A Declaration that the Transactions, and each and every contract and/or
G. And for all such other relief at law or in equity, which this Court deems proper
and just.
Respectfully submitted,
___________________________
Christopher P. Finney (0038998)
Justin C. Walker (0080001)
Casey A. Taylor (0095966)
Finney Law Firm, LLC
4270 Ivy Pointe Blvd., Suite 225
Cincinnati, OH 45245
(513) 943-6655
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(513) 943-6669 (fax)
Chris@FinneyLawFirm.com
Justin@FinneyLawFirm.com
Casey@FinneyLawFirm.com
Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
I hereby certify that the foregoing proffered Complaint with Class Allegations was served
with the Supplemental Motion to Substitute Complaint with Class Allegations in accordance
with Civ.R. 5(B)(2)(f) on this 6th day of October 2017, via electronic mail, upon:
Alex S. Rodger
Bingham Greenebaum Doll LLP
255 E. Fifth Street, Suite 2350
Cincinnati, Ohio 45202
arodger@bgdlegal.com
Attorney for Defendants
__________________________
Casey A. Taylor (0095966)
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