The Medical Properties Trust lawsuit is one of the hottest issues in the real estate industry today. Many have come to understand that the Health and Safety Order has become a weapon used by unscrupulous investors to gain control over properties for the sole purpose of displacing the original owner.
If you are a victim of this type of investor, you need to know your rights under the Residential Medical Properties Trust or RMO. This article will help you determine if you are a victim of a false conveyance or a fair sale.
As you read this article, you are provided with key information about your legal rights under the Health and Safety Order, as well as the mechanisms that are used to disinherit investors from owning residential properties. This information will give you the advantage of establishing a lawsuit against the individual who caused you harm.
Medical Properties Trust Lawsuit
The Health and Safety Order were enacted in 2002 in an effort to prevent individuals from intentionally disinheriting investors and thereby depriving them of their right to obtain residential properties. In essence, the order bars the defendant from selling a property to anyone else while ignoring the injury to which the property is subject.
The injury can be permanent or temporary. Once the plaintiff is awarded damages in an injury lawsuit, the defendant must attempt to create a constructive remedy within three months. If it is not able to do so, the defendant is enjoined from further action.
The complainants in these lawsuits are typically the original homeowner, but sometimes the owners are renters.
The complainants generally belong to the Tenant’s Right of survivorship, but sometimes this claim is asserted by entities such as the defendant. In either case, the complainants can establish a cause of action after they file a complaint. Once the complaint is filed with the court, it is referred to an assigned attorney who is responsible for handling cases involving this type of property.
The complaint can be filed in one of two ways.
First, the complaint can be filed in an action only action, which is one step up from a lawsuit. When this option is selected, the complaint is filed with the county where the properties are located. In this instance, the complaint must be accompanied by copies of all necessary documents. If the defendant is a landlord, the defendant can also be sued for negligent supervision of tenants, for breach of fiduciary duties, and even for wrongful death.
Second, the complaint can be filed in a personal injury action.
In this instance, the property owners must be served personally with the complaint and notice of the complaint. If the defendant does not respond to the complaint within 30 days, the plaintiff must move on to the next step.
If the defendant does not respond, the plaintiff must then file a motion to quash or vacate the order. If the defendant fails to appear at the hearing, the plaintiff must then move on to filing a petition for enforcement of the property sale or deed of trust.
The last option is to move on to filing a complaint in the Small Claims Court.
If a tenant is unable to sue the owner of the medical properties, this may be the only remedy available to the tenant. If this is the case, however, the plaintiff must proceed in the manner described above to ensure that the appropriate paperwork is filed.
It is also important to remember that many assets, such as real estate, are not immune from creditors’ lawsuits. If this is the case, it is important for tenants to ensure that they have retained an attorney experienced in medical properties. Having an attorney on your side can ensure the proper documentation and filing of the complaint and the eventual settlement in favor of your rights.