If you are interested in learning more about Kerrygold lawsuit attorneys, then please read on. We will discuss the details of this particular lawsuit that has been going on for several years now. This is truly a fascinating case.
In 2021, Kerrygold resident David Kerry purchased a home in Encinitas with the intent to construct a new one. The deal called for the purchase to be financed through a bank loan. On the first day of construction, however, David Kerry’s builder suddenly changed the financing plan and asked him to sign an agreement which would result in him having to pay thousands of dollars out-of-pocket for the lawsuit.
At this point, David Kerry did not know anything about this lawsuit or the circumstances surrounding it. He had no idea what the pending litigation was about. In fact, he had no idea whether he could avoid paying anything or whether he would even be able to keep his home. He didn’t even know whether the home would meet all of the building code requirements. He didn’t even know if he could locate a “plaintiff” to serve in the case!
You may be wondering, how can a person go through all of this when they really have no idea what is going on? This is really quite simple to explain. One aspect of the lawsuit is that Kerrygold is alleging that the builder intentionally tried to “scape” from the lending responsibility by creating the right structure for his home in an improper manner. He further alleged that the lender used deception to “mitigate” his liability for these activities.
There are several things that may complicate this litigation. For instance, a typical settlement may require that the plaintiff sign an asset release form acknowledging that he has no interest in the underlying assets. Such a release will generally be attached to a master deed executed by the defendant.
If that deed to a property includes an assignment for an asset, then it is possible that the lawsuit may be delayed until the assets are released. Furthermore, there is a significant likelihood of the plaintiff’s claim being dismissed based on the fact that he never actually had an ownership interest in the underlying property. There is also a possibility that the lawsuit will be dismissed for failure to state a claim, which is the most common limitation on personal injury claims. Finally, in instances where the plaintiff files a complaint after the fact, the defendant may well attempt to introduce new witnesses to testify about what the plaintiff failed to testify about at discovery. This is a common practice with fraudulent claims, and is not an automatic exclusion from a lawsuit.
