Menu
Home>Levelset Community>Legal Help>Can I file a Summary Judgement first instead of a Motion for a Lawsuit against the Builder?

Can I file a Summary Judgement first instead of a Motion for a Lawsuit against the Builder?

TennesseeDefectsForeclosureLawsuitRecovery Options

I have tried to hire several Law Firms on a Contingency basis because most Law Firms have asked for the Standard TN Fee of $50,000 retainer. I do not have that type of money laying around. What is the best approach for filing a lawsuit Pro Se against a Builder who abandoned the Buyer, me, one month after the purchase of the home, and admitted to selling the property to me, with Systemic Mold to a Police Detective, but lied and stated that I could have gotten out of the contract, when the contract clearly states, "“This $XXXX.XX will not be refunded for any reason if this transaction does not close.” I have the main Sales Purchase Agreement with that Statement as well as the Amendments. I sent four Warranty Request Letters, all ignored, followed by three Demand Letters, all ignored, followed by filing Complaints with the TN State Contractors Board. The State Contractors Board then committed fraud on behalf of the Builder, looked at only three (3) documents out of 45 that I submitted on line then through a State Investigator, never looked at the 17 Videos by Lee Company due to an anonymous caller claiming undue "monetary influence". They dismissed my Complaint in its "Entirety" without any chance of appeal. Followed by the current Governor of the State, Bill Lee of Lee Company at the time was the HVAC Company CEO in 2017 who 's Company discovered no less than 12 building code violations in the HVAC System of my property. Bill Lee / Governor Lee ignored our pleas for help and abandoned my Wife and I. Then there is a Mold Expert who was also a Home Inspector discovered over 36 code violations which were documented with Exhibits for Evidence and finally an Engineering Company who found another 10 code violations on a cursory visual inspection. The Builder who lives 4 houses down on the same side of the street, saw us lose all of our furniture, most of our belongings and IGNORED all of the reports, all of the Warranty Request Letters and all of the Demand Letters and my Wife's health issue's, the fact that I went to the Emergency Room over 12 times due to reactions to the mold in the property and was hospitalized for 4 days due to excessive mold exposure. There are serious structural defects including 12 linear fractured joists of which the Builder has done nothing about. I am in foreclosure due to the loss of my home based business because of the effects of the mold on my and my Wife's health. Can I file a Summary Judgement instead of a Motion for filing a Lawsuit against the Builder, or do I have to go the normal route and file a Complaint with the Court first then file a Summary Judgement? Thank you.

0 replies