January 30, 2018 - Regular
Mail
This is a letter, which was later revised, and then sent to each sister of the
crazy owner of the adjacent property, written sometime during the
beginning of this year.
To each sister
Hi. We are writing to you about the situation at our property which your brother
used to own. We tried calling you on the telephone but you did not reply. In
addition the real estate agent who sold us the property has tried to contact you
via phone and letter and you did not reply. Now we believe the real estate agent
did not give you complete information about the situation. We are writing to you
in order to come to an agreement to resolve the many problems in a nice manner
which will benefit both sides and avoid the need to go to court.
This is a summary of the situation related to our property. When we purchased
the property from the previous owners we trusted their word and the information
on the disclosure form. We also trusted the real estate agent and his company to
complete the property sale ethically and to represent both sides of the
transaction, both the buyer and seller, in a manner which would be fair to both
parties. Then on our own, we discovered the following.
The previous owner lied on the property disclosure form stating there were no
utilities from this property located on the adjacent property and there were no
utilities from the adjacent property located on our property. A representative
from the septic company informed us that in fact our drain line goes to the
adjacent property and then runs a long distance out to the street. The same
septic company representative also informed us that the previous owners knew
about this situation.
In addition we discovered that the water line was not only connected to the
adjacent house but also to the relatives house on the other side of the adjacent
house which your brother confirmed. Even with this information the real
estate agent denied this was possible. Then we went out and found the line was
in fact coming from the adjacent house which representatives from the town
confirmed.
There was also an outside water line installed from the adjacent house
along the portion of land behind our storage buildings which was also confirmed
by your brother.
We continue to deal with issues related to this situation including a shower
which often goes to a small trickle of water and drains which are slow
and smell due to drain issues on the adjacent property which the same septic
company representative confirmed. The septic company said your brother owes
money to the company and we are worried that they might not repair a drain
problem on your property which will affect our property.
In addition the agent did not disclose the fact that your brother was the
previous owner of this property, and that the bank foreclosed on the property,
and that he had rented this home, and that the previous owners had thrown him
out due to non payment of rent, and most importantly that he is now residing in
the adjacent home. This was an important material fact that if we knew then
would not want to purchase this property. The day after we arrived at this
property a representative from the service company said it was a mistake to
purchase this property. She stated your brother was on record and in the
newspaper for stealing and other issues. He eventually stole a tool container
from our property which he claimed was his, he has complained about our dogs to this
town, he
continues to enter our property when we are out, and continuously watches us
from the second floor of his home, from his entry, and from the adjacent farm.
Sometimes he simply stands and stares at us for many minutes. We already talked
with the police a couple of times and they said there is nothing they can do
until he commits an actual crime.
This entire situation has made us construct walls and put in landscaping to keep
him from being able to watch us. All this work has taken a lot of effort. In
addition we are going through a lot of mental stress not knowing what he will do
next. We are unable to enjoy this property and are now seeking, not only a
solution to the utility problems, but also monetary compensation from the agent
and the previous owner for the stress which we continue to endure.
Even though the agent and his company knew of all these problems, they did
nothing during the months we owned this property. They came up with many
solutions which we agreed to and then they did not follow through on any of
them. They even came up with crazy solutions like running the drain and the
water lines across a neighbors property who is not even involved at all
in this situation. And most recently they proposed to visit this property and
talk to your brother to resolve this situation and then did not show up.
In addition, your brother continues to burn garbage and plastic in his
yard even though we complained to this town to get him to discontinue. The
smell goes directly into our bedroom and now we are forced to close the windows
even on hot days. He owns approximately eight cats which are scratching the wood
of our buildings and shitting all over our garden. He continues to do nothing in
his farm located behind our storage buildings. The trees and grass are tall and
hiding many snakes and bugs which are affecting our property and creating an
unsafe situation for our family.
We are now thinking formal legal action is the only solution. We contacted an
attorney and we were told the following.
We can make a strong case against the real estate agent and his company, and the
previous owner for negligence, due to nondisclosure of important facts and for
not resolving this situation for us.
We can also make a strong case against the your family since you illegally
installed the utilities many years ago which did not match the utility plan
submitted to this town when the construction of this house was made.
We want to avoid legal action as this will be expensive and time consuming
for everybody. We originally proposed purchasing all or part of the farm behind
our property to give us legal access to the street. Originally your brother said he would think about it and then he changed and said no. He does
not know the reality of the situation and seems to change each time we talk with
him. We are asking you and your sister to help resolve this situation without
going to court. All we want is to separate out every issue between our family
and yours. We are requesting the following.
You sell us the farm behind our storage buildings. We already obtained land
value estimates ranging from 1,000 to 5,000 dollars. We would be willing to pay
the $5,000.
If this is unacceptable then we would be willing to purchase only the westerly 8
meter wide section of the farm which runs along the driveway, approximately 30
meters, which is owned by us and your family. This section of your farm is
covered with trees and weeds and not useful as a farm but would give us the
space to adequately install our utilities. In addition, we are requesting you
transfer your ownership interest in the driveway which we all own together. This
driveway has no use to you and your family as the driveway only accesses our
property. This driveway is also useless as a route for our utilities due to the
slope up towards the street as explained by this town and septic professionals.
In addition, we are requesting you transfer your ownership interest in the small
piece of land where our storage building is actually on your land. We are
offering 5,000 for all this and we will pay all the legal fees to transfer the
land and to put in the utilities.
Please consider this request. We are going to wait until the end of this month.
If there is no reply then we will begin legal proceedings next month. Thanks.
To the agent
This is a letter, which was later revised, and then sent to the
real estate agent who sold us the property, written sometime during the
beginning of this year.
This is a summary of the situation related to our property. When we purchased
the property from the previous owners we trusted their word and the information
on the disclosure form. We also trusted you and your real estate company to
perform your job ethically and to represent both sides of the transaction, both
the buyer and seller, in a manner which would be fair to both parties. Then on
our own, we discovered the following.
The previous owner lied on the property disclosure form stating there were no
utilities from this property located on the adjacent property and there were no
utilities from the adjacent property located on our property. A representative
from the septic company informed us that in fact our drain line goes to the
adjacent property and then runs a long distance out to the street. The same
septic company representative also informed us that the previous owners knew
about this situation.
In addition we discovered that the water was not only connected to the
adjacent house but also to the relatives house on the other side of the adjacent
house which the crazy neighbor confirmed. Even with this information you
continued to deny this was possible. Then we went out and found the line was in
fact coming from the adjacent house which representatives from the town
confirmed.
There was also an outside water line installed from the adjacent house
along the portion of land behind our storage buildings which was also confirmed
by the neighbor.
We continue to deal with issues related to this situation including a shower
which often goes to a small trickle of water and drains which are slow
and smell due to drain issues on the adjacent property which the same septic
company representative confirmed.
In addition you did not disclose the fact that the neighbor was the
previous owner of this property, and that the bank foreclosed on the property,
and that he had rented this home, and that the previous owners had thrown him
out due to non payment of rent, and most importantly that he is now residing in
the adjacent home. This was an important material fact that if we knew then
would not want to purchase this property. The day after we arrived at this
property a representative from the service company said it was a mistake to
purchase this property. She stated the neighbor was on record and in the
newspaper for stealing and other issues. He eventually stole a tool container
which he claimed was his, he has complained about our dogs to this town, he
continues to enter our property when we are out, and continuously watches us
from the second floor of his home, from his entry, and from the adjacent farm.
Sometimes he simply stands and stares at us for many minutes. We already talked
with the police a couple of times and they said there is nothing they can do
until he commits an actual crime.
This entire situation has made us construct walls and put in landscaping to keep
him from being able to watch us. All this work has taken a lot of effort. In
addition we are going through a lot of mental stress not knowing what he will do
next. We are unable to enjoy this property and are now seeking, not only a
solution to the utility problems, but also monetary compensation for the stress
which we continue to endure.
Even though you knew of all these problems, you did nothing during the months we
owned this property. You came up with many solutions which we agreed to and then
you did not follow through on any of them. You even came up with crazy solutions
like running the drain and the water lines across a neighbors property
who is not even involved at all in this situation. And most recently you
proposed to visit this property and talk to the neighbor to resolve this
situation and then did not show up. It is obvious you are not competent and you
are not able to deal with this situation.
We are now thinking formal legal action is the only solution. We contacted an
attorney and we were told the following.
We can make a strong case against you, and your company, and the previous owner
for negligence, due to nondisclosure of important facts and for not resolving
this situation for us.
We can also make a strong case against the neighbor family since they
illegally installed the utilities many years ago which did not match the utility
plan submitted to this town when the construction of this house was made.
We are also planning to travel to Kagoshima to file a formal complaint against
you and your company.
We are also planning to file a formal complain with the appropriate real estate
licensing agency about the way you and your company did not disclose important
information to us and then totally mishandled this entire situation.
You will be contacted as this case progresses. |
Complaint about the lawyer
We are filing a formal complaint about (representative name). We employed his
services beginning on (date) as our representative to resolve a situation on our
property located at (address). More specifically we required his services in
order to obtain land adjacent to our property to give us legal utility access to
the street.
We purchased this property on (date). The purchase agreement stated there were
no utility issues. After the purchase was completed and we moved to the
property, we discovered our utilities were connected to the home of the neighbor
adjacent to our property who is also the previous owner of our property. The
real estate agent involved in the transaction lied on the purchase agreement and
tried for about a year to resolve this problem with the neighbor and his family
with no results. We eventually accepted a settlement of (amount) from the real
estate agent.
We were still without legal access for our utilities to the street resulting in
a shower which almost turns off when the neighbor is using their shower. The
waste drains often smell awful in our home since the neighbor is not maintaining
their drains properly. Nakatane Town would not take action on our behalf. The
utility companies said a portion of the farm owned by the neighbor would need to
be acquired in order to obtain the proper slope in elevation for the drain line
to work properly. We decided the only option was to use the services of an
attorney.
We met with (representative name) at our home and explained the situation. We
explained that we are obtaining his services in order to obtain a portion of the
adjacent farm belonging to the neighbor in order to gain legal access to the
street for our utilities. He agreed to represent us in this matter and required
us to pay a fee of (amount paid). After a few weeks he decided he would be
unable to obtain land from the neighbor and began ignoring our emails and
telephone calls. We insisted that this matter be brought before a judge in court
to decide. He continued to ignore our communications. He then became angry and
insulting and said I was confused and did not understand the situation. We asked
him to return to our property in order to show him in detail why obtaining the
adjacent land was necessary but he said he would not come to our home.
We finally sent email on (date) stating he file this case in court or refund our
money. He has since ignored our request and is no longer sending any
communications.
We believe his actions constitute fraud in accepting a case which he had no
intention of pursuing only for his financial gain. We also believe his actions
constitute misrepresentation in accepting this type of real estate case which he
is not qualified for. Along with fraud and misrepresentation, he was dishonest,
rude, and unprofessional. We believe he neither has the skills, knowledge, nor
professionalism to be a representative. We are formally requesting that
(representative name) receive disciplinary action from your agency including
voiding his license as a representative. We are also requesting your agency send
instructions concerning the steps necessary to obtain a full refund of all fees
paid to (representative name). Please send your thoughts at your convenience. |
January 2018 - File
Information - The following is information found in a word file.
Possible communication with real estate agent in America
probably this month - Hey there. Kind of no need to tell the loan papers
are good until next month. Maybe unnecessary information now. Made us worry
about the buyer maybe not wanting to go through with this. Incidentally the
parcel contingency was supposed to be removed yesterday. No word. The loan
papers were supposed to be signed today. No word. Realize none of this is your
fault but unsettling nonetheless. We recently dealt with a Japanese moving
company and all went smoothly. Today another Japanese company which sold us the
car bought it back today at a very good price and is letting us keep it until we
leave and all went smoothly. The Japanese company who is dealing with the sale
of our home collected our deposit. There is nothing for us to do until the
property closes which will be in a couple of weeks at which time we pay the
money and done. And the owner is coming all the way to our home in Japan to
close the transaction which is a very far and expensive trip. Quite honestly all
transactions in America flip flop many times and much time is wasted. Really not
used to this anymore. Really got used to Japanese service and why we returning
there. When they set a date it does not change because if they do then trust is
no longer there. This is really frustrating and we are really not expecting
escrow to close next week now. This is the situation from now.
We are going to escrow close to when they open on Friday.
We are expecting all paperwork to be ready to be signed.
We are coming with a couple of kids who dealt with a lot the last couple of
weeks and are tired and grumpy.
We are not going to wait around for hours if they are not ready.
Be sure at least the papers needing to be notarized are definitely ready.
After Friday we will be unavailable for any other matters relating to escrow
until we are in Japan.
Want to know if the contingencies were removed.
Want to know if the loan papers were signed.
Want to know if the buyer is doing a walk through this weekend or not.
We are on a very difficult schedule now and getting tired of all this back and
forth. Please send message when you can.
Possible Facebook post probably this month - WHY
JAPANESE SERVICE ROCKS. A few days before the Japanese moving company came and
all went smoothly as usual. They even agreed to transport all three of our
mountain bikes to the airport. Today went and sold the car back to the same
Japanese company we bought it from. They gave us a really good price and are
allowing us to keep it up to the day we leave for Japan. The real estate company
who is handling the purchase of our property on the island asked us to pay a
deposit and said there is nothing else to do until the property closes the
equivalent of Japanese escrow in only a couple of weeks. The agent is doing all
of the paperwork. The owner of the property is actually going to travel to the
family house in Japan to meet us and close the transaction which is a far and
expensive trip. Japanese efficiency and quality of service is a strong reason
for our returning home.
Email to Veterinary Services Endorsement Office probably
this month - SUBJECT LINE OF EACH EMAIL: Veterinary Services Endorsement
Office. To Whom it May Concern. We will be traveling to Japan on 1/16/2018. We
are taking our dog who is scheduled to be checked by a licensed veterinarian on
1/8/2018. Now we are residing in the mountains of San Diego County and will be
unable to visit your office for your endorsement. Please send us the best way to
get the form to you and returned to us as quickly as possible since there is
only an eight day window from the dog appointment until the day we leave for
Japan. Your quick reply will be greatly appreciated. Thank you very much. Howard
and Akiko Hayman.
More story stuff probably this month
SEND TO DOG PLACE
Hi. Per our telephone conversation please find the attached forms A and C which
need to be completed and then sent to the California Veterinary Services
Endorsement Office in either Los Angeles or Sacramento. Please print out both
forms for us and keep them until our appointment on 1/8/2018 at 4:00 pm. We need
to fill out Form A and your office will need to fill out form C and both will be
sent to the California Veterinary Services Endorsement Office and then brought
with us to Japan. We are still waiting for your email stating the best method to
expedite the return of these forms to us once sent for endorsement, ie Express
Mail or Fedex. We also need an original copy of the blood tests which our dog
recently passed. Thank very much for your attention in this matter. Please send
email if you need to ask any questions. Thank you once again.
Howard and Akiko Hayman
Hey there. We are going to be leaving for Japan pretty close to the close of
escrow date. Planning to trip to the city for signing the grant deed and any
other forms which need to be notarized. Please be advised and let escrow know
they need to make sure all paper requiring signatures are ready. After the day
we visit their office it will be the last chance to deal with any paperwork
until we are in Japan. Please make absolutely sure they get this correct. Anyway
hopefully gonna be able to meet you and your family before leaving. Actually not
gonna tell you the exact date we are leaving because really not good with saying
goodbye and want to simply say meet again at our home. This is kind of a secret
but already put in an offer on a property on the island and it was accepted and
already paid the deposit. Gonna send more details when things are more in
progress. Been in California for many years and know people can be pretty fake.
Please know that we are inviting you and your family to stay with us in Japan
anytime and for as long as you want. If we say this then we mean this. No
kidding you were the only real estate agent willing to deal with us and although
the transactions were no always easy it was simply wonderful working with you.
Thank you again for everything. Please send message when you can.
Chase Bank
Hi. We sold our home in San Diego, California in January 2018. We then moved
with our family to Japan and now reside there permanently with no intention of
returning to America. While in Japan I received a communication from my Farmers
insurance agent that a refund check was issued directly from Farmers. In
addition another refund check for fire insurance was issued by the FAIR program
of California. I believe the checks are most likely in both my name and my wife.
My Farmers insurance agent is holding the checks for us. My question is what do
we need to do in order to get the checks deposited into my Chase checking
account? We would prefer that either the Farmers agent or our real estate agent
and friend who dealt with the sale of our property deposit the checks for us.
Please advise and tell me our options. Thank you very much for your attention in
this matter.
Howard and Akiko Hayman
Chase Bank
Thank you for replying. Already talked to the Farmers agent about wire transfers
and neither Farmers insurance company nor the California FAIR program will do
wire transfers. These are not private checks, they are checks issued from an
established company and a state agency. The security of my account should not be
your concern in this matter as I am personally making the request to deposit the
checks directly into my account. I am proposing the following solution.
The Farmers insurance agent mails the checks to Japan for my endorsement. The
checks are then directly sent to a Chase office which you designate with a
letter from me which explains the situation and a copy of my passport and or
drivers license and any other security information you require. The Chase
representative would then deposit the checks directly into my account. Again,
these are company and state issued checks and not personal checks.
Please accept this solution or come up with another besides wire transfers as
your solution is not possible. The checks total about $500 and we do not want to
lose that money because of Chase banking policies. If we lose this money because
of the bank then all accounts with Chase will be closed and we will do our
banking with another company.
Please send email with your solution at your convenience.
Howard and Akiko Hayman
|
January 3, 2018 -
Facebook Post -
GETTING CLOSER TO RETURNING TO JAPAN -
A bit more to finish up and returning to Tanegashima again.
January 7, 2018 -
Facebook Post -
TANEGASHIMA THE BEST PLACE ON THE PLANET.
Really happy to be with family again.
January 16, 2018 -
Facebook Post -
Really enjoying the last visit to an American restaurant.
And then Einstein bagels.
And to In and Out again.
And to the Japanese grocery store.
Really yummy food today.
Ah double double really yummy.
And of course went to In and Out burger place.
We visited Starbucks for a bit of America.
January 17, 2018 -
Facebook Post -
Hey we are now in Tokyo Japan.
A little more and leaving America and returning to Japan.
Now an hour from leaving America and returning to Japan.
January 18, 2018 -
Facebook Post -
Now two in the morning and at the family house eating Japanese food and drinking
wine. Nothing more important than being with family. We are now really happy
once again. This is where we belong.
Now in Osaka and driving to the house with family.
January 19, 2018 -
Facebook Post -
Message To Old Friends -
We are now happily in Japan. We lasted six months in America and could not deal
with it anymore. The fact is the United States really is s great country but the
people did a pretty good job of messing things up. Anyway I was really hoping to
connect with a lot of old friends, especially those from Kenmore, but it simply
did not work out. Hopefully there are some of you who will be able to find your
way to Japan and visit. In the interim, be happy, be good to each other. Stay
positive and continue pushing for change and keep in mind, even though the
current president is a huge problem, it is the people who are destroying the
country. The love affair with guns and the unbelievable amount of drug use is
creating a volatile situation which continues to get worse. Hopefully people
there change before it is too late. Either way now we are committed to staying
in Japan....yeah....but still would like to see all of you living in an America
which truly is great again.
January 20, 2018 -
Facebook Post -
TYPICAL DAY IN JAPAN -
Today went to a family restaurant with the wife and kids and they served wine.
And drank a lot and went home by train. Tonight cousins coming for dinner. Now
watching Sumo wrestling on TV until they come. And again more wine and good food
tonight and happiness in Japan.
January 27, 2018 -
Facebook Post -
NICE JAPANESE LEARNING PROGRAM -
Nothing to do now until the house closes and the truck comes next week. Decided
to brush up on Japanese and found this nice study program created by NHK, the
Japanese public broadcasting system. Way too easy for me but useful for
beginners. Check it out and let me know what you think.
https://www.nhk.or.jp/lesson/english/?fbclid=IwAR1JJyZ4wySDblB2vt0M5pjmEQtUSCq3ntagjcqvH7oiAL6p0SA6dbzjUe0
January 28, 2018 -
Facebook Post -
And now the real reasons we moved from Julian, California.
https://howiehayman.com/thoughts-america-town-of-julian-california-sucks-and-the-real-reasons-we-moved-from-this-awful-place.htm
|
 Happy
New Year
January 29, 2018 - The first picture of the new
year, not. A bunch of pictures still in another file waiting to be uploaded.
Picture - The mystery
bowl of ramen. |
|
January 29, 2018 -
Facebook Post -
Why I Love Japan.
Now eating ramen at the food court and they serve it with a FOON hmmmm a SPORK
um not really sure what to call this utensil. |
 Train
Riding
January 30, 2018 - A ride on the train to
destinations unknown.
Picture - Us riding on
a train.
Picture - Japan - Us riding on a train-1.
Picture - Japan - Us riding on a train-2. |
|
January 30, 2018 -
Facebook Post -
WOOHOO we closed the equivalent of Japanese escrow on our new home on
Tanegashima island today. Now waiting for our new truck to be delivered and then
we can move there. After eight years and four home purchases and four home sales
and a rental we reached our financial goal and found the property we want. The
new house is an Okinawa style home on a subtropical island located within
walking distance of a famous white sand surfing beach. The property has a one
car garage and two huge storage buildings all on about a quarter of an
acre....really unusual for Japan. We are looking forward to moving there.
Now on train headed for a meeting to close the transaction on our house. |
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