I am not 100% sure on the facts but I do beleive he is no longer fighting the bank, he is no longer paying a recognizance, he is no longer showing any interest in this property.
Perhaps he has stopped paying a recognizance, because you haven't paid him what you contracted to pay him.
I don't know Mackler's circumstances, but I doubt he's a bottomless fountain of money.
We will now be cooperating with the bank's attorney since it seems to me Mackler was NOT the rightful owner of the property and should NOT have been renting the apartment to anyone in the first place. I hate that all of this happened to Jake, he is the real victim in this whole situation.
By "cooperating with the bank's attorney", do you mean you've saved up all past rent and are prepared to pay it in a lump sum?
I've generally sided with Mackler because you had a contract with him, regardless of any other contract he may or may not have had with anyone else, and you didn't abide by that contract by paying him the agreed-upon rent.
I've also allowed for the possibility that you were withholding the rent to make sure it went to the rightful owner or agent, to avoid being on the hook if you had been defrauded by Mackler. I haven't given much weight to that, since you've been asked and have ignored or skirted that question.
So: are you prepared to immediately pay up all arrears to the rightful owner and/or agent, no matter if it's Mackler or DB or Billy Bob's Property Management And Tattoo Parlor?
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