BofA Stites & Harbison Attorney Neal F. Bailen Accused of Sending Homeowner Settlement Money After Court Deadline
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Neal F. Bailen
First off out of due respect, please address us in a proper and respectful manner. It’s Mr. and Mrs. LeForge instead of Mrs. and LeForge.
You have yet again fabricated the truth to best fit your needs, while apparently scheming to cause more of a delay. Mr. Bailen, please help me understand why you tried to send the package to us again beyond the agreement deadline. My wife and I signed a mutual agreement to settle our claims against your client on December 22, 2011. Upon doing so we established timelines for your client to fulfill what we had agreed to. We signed the agreement in good faith and expected you and your client to honor those timelines and language brought forth in the settlement agreement. You elected not to adhere to the signed settlement agreement. You failed to meet the agreed timeline and include the time sensative material subsequent to the agreement as per your own admissions in prior emails. Now we find you have submitted a Stipulation of Dismissal without the finalization and satisfaction of all claims, ultimately you misinformed the Judge and courts, somehow you convinced Honorable Judge Tanya Walton Pratt to sign the order on 03-30-12. I can only assume that as far as the Judge knows, the case was dismissed with prejudice and all parties have fulfilled the settlement agreement. Mr. Bailen, sir you have committed a false accusation against us and the Federal Court system.
You did not provide us prior notice of a package being sent via UPS. You went as far as to say your second attempt was certified. The second attempt at delivery was not sent certified as you indicated, and if so please show us the certification of such a delivery. It was never our intention to wait on you to send a settlement package when it was suppose to have been delivered several months prior.
In order for my wife and I to better understand what has happened and why our case has been dismissed. Please explain how the documents we have in our possession idicate you submitted to the courts a stipulation of dismissal signed by Judge Pratt on 3-30-2012, and then starting on 4-3-2012 UPS attempted a series of deliveries, the UPS receipts verifies you sent a package. Now here’s where the confusion begins. We are trying to grasp how you are able to convince a Federal Judge to sign a false Stipulation of Dismissal with prejudice several days before you attempted to send us a package while declaring all claims have been settledand satisfied. When you know beyond a shadow of a doubt the settlement was not satisfied. Furthermore we don’t understand why you feel no prior contact was needed as to a delivery of a package deemed so valuable. Your tactics and dishonesty is quite disturbing and costly to my wife and I.
For your information, my wife was on company business in California 4-2-2012 through 4-7-2012, furthermore the delivery receipts were not posted within clear view of our entry to our home. (I have attached pictures to the affect). Although it’s not your fault the UPS delivery was not properly administered, however it is your fault for not pre warning us of your intent to attempt a delivery of an outdated package, quite simply we did not anticipate a package from you. We’re not sitting around waiting for you to deliver a package that should have been delivered months ago.
So as to summarize what we see as a failed attempt to cover your tracks. You took it upon yourself to notify and misinform the Judge and court system that we had pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) Stipulated and agreed that our action against your client is dismissed with prejudice and all claims were settled. After a few days had passed you sent a package without contacting either my wife or me. You gave us no prior notification to your attempt to deliver an outdated package while anticipating our acceptance.
You led the courts to believe that all claims have been settled when in fact they have not been consummated to the point of settlement. We are going to request a full investigation into your illegal and unethical procedures and abuse of the courts. We ultimately found out about the dismissal through an attorney we were interviewing for legal counsel. His words were “your case has been dismissed and there’s nothing I can do for you”. Mr. Bailen, your actions have caused us a magnitude of immeasurable harm. We thoroughly explained in a prior email, that you were beyond the allotted timeline and in breach of the settlement agreement. We are going to extend our right and proceed forward to a jury trial. As we said in our prior email we are fulfilling our right to be heard and have a movie/documentary slated, including interviews set with numerous media outlets. You seem to think you can play us like a stringed instrument and expect us to sit here and take it. You are wrong on all accounts. We have been very reasonable throughout all of this. YOU STILL DON’T GET IT, WE ARE THE INNOCENT PARTY. Your client filed a wrongful foreclosure based on illegal documents on a property we no longer owned. They ignored our constant plea to stop the wrongful foreclosure suit. Your delay has caused extended monetary damages, undue emotional distress, undue medical and mental stress to my wife and I, not counting the strain you’ve placed on our marriage, and employment. You’ve delayed and delayed our due process while driving the cost up on all parties involved. From this point forward we are requesting you step aside and have someone else in your firm take over. You have caused enough harm due to your constant delay and misrepresentation tactics. We’ll be happy to discuss with someone other than you, the ramifications of your failure to consummate the agreement we had on December 22, 2011.
Email sent 04/09/12
Mr. and Mrs. LeForge
I would report this attorney to the State Bar of Indiana if I were them.
Piggybankblog has contacted Mr. Bailen for comment and will post if he gives one.
All Rise! The Honorable Judge John Wright has left The Courtroom of Public Opinion!
My name is John Wright AND I AM FIGHTING BACK!