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Title: Church that posted anti-LGBT sign is forced out of building
Source: From The Trenches/WPTA21
URL Source: http://fromthetrenchesworldreport.c ... -forced-out-of-building/229572
Published: Jul 7, 2018
Author: Kayla Crandall
Post Date: 2018-07-08 10:43:04 by Deckard
Keywords: None
Views: 4093
Comments: 46

AUBURN, Ind. (WPTA21) – An Auburn church with a controversial message on a sign has been forced out of their building.

ABC21 reached a church member by phone Saturday who confirmed the news.   

On Wednesday, June 27, Remnant Fellowship Church in Auburn posted a sign reading, “LGBTQ is a hate crime against God. Repent.”

When asked whether or not the church has plans to relocate, the church member had no comment.

ABC21 previously spoke with a pastor of Remnant Fellowship, who said at the time their message is an attempt to “…reach young people and steer them away from a lifestyle they believe is harmful to them.”

The church maintains it is not intolerant of others beliefs, but that it’s finding those on the other side of this issue are intolerant of the beliefs of Remnant Fellowship Church.

http://www.wpta21.com/story/38592321/church-who-posted-anti-lgbt-sign-is-forced-out-of-building (1 image)

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#1. To: Deckard (#0)

Good for them, it is an abomination. To teach otherwise goes against the very core of Christian belief.

This would seem to be a tailor made case for a lawsuit.

THIS IS A TAG LINE...Exercising rights is only radical to two people, Tyrants and Slaves. Which are YOU? Our ignorance has driven us into slavery and we do not recognize it.

jeremiad  posted on  2018-07-08   23:10:06 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0) (Edited)

“LGBTQ is a hate crime against God. Repent.”

Should be in YUGE NEON.

Private property.

Exactly WHO "forced out" this church from the building?? By whose authoritah?

Since when are mobs allowed to violate the the 1A as well as censor God's Word?

Liberator  posted on  2018-07-09   12:29:08 ET  Reply   Trace   Private Reply  


#3. To: Liberator (#2)

“LGBTQ is a hate crime against God. Repent.”

Should be in YUGE NEON.

I wonder if the sign had read: “LGBTQ is a hate crime SIN against God. Repent.” if there would have been as much of an outcry. You know that dark days are ahead when churches are not allowed to preach or post God's word.

“Truth is treason in the empire of lies.” - Ron Paul

Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.

Deckard  posted on  2018-07-09   12:49:53 ET  Reply   Trace   Private Reply  


#4. To: Deckard, GrandIsland (#3) (Edited)

You know that dark days are ahead when churches are not allowed to preach or post God's word.
You libertarians are such God Damned asshole hypocrites. You libertarians notoriously condemn as unrightfully any interference whatsoever with private property. And now your are whining that the owner of this private property kicked out a church.

The man owns the property the church uses. He has the ABSOLUTE right to send them packing anytime he wants to as long as he does not violate any laws. Say THAT ain’t so....GO ON.

Libertarians are virtually defined by their commitment to both liberty and rights of private property. Say THAT ain’t so....GO ON.

You libertarians continually vacillate on your positions and change them at any reason on the slightest whim....Say THAT ain’t so....GO ON.

Gatlin  posted on  2018-07-09   13:22:31 ET  Reply   Trace   Private Reply  


#5. To: Liberator (#2)

Exactly WHO "forced out" this church from the building?? By whose authoritah?

Gatlin states the owner of the building evicted the church. If that truly is the case, I do believe the private owner of any home, business or structure, should be allowed to evict anyone from the premises, for any reason.

The church was foolish to set up shop in a building they don’t own

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2018-07-09   20:26:01 ET  Reply   Trace   Private Reply  


#6. To: Gatlin (#4) (Edited)

The man owns the property the church uses. He has the ABSOLUTE right to send them packing anytime he wants to

No surprise to see you support this bullshit. Gatlin - LF's GLBTQ cheerleader and God hater.

You libertarians are such God Damned asshole hypocrites.

Gatlin is angry my friends - like an old man trying to send back soup at a deli.

“Truth is treason in the empire of lies.” - Ron Paul

Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.

Deckard  posted on  2018-07-10   10:07:16 ET  Reply   Trace   Private Reply  


#7. To: Gatlin, Deckard, GrandIsland, Liberator (#4)

The man owns the property the church uses. He has the ABSOLUTE right to send them packing anytime he wants to as long as he does not violate any laws.

But there are laws.

https://law.justia.com/codes/indiana/2014/title-32/article-31/chapter-1/

Indiana Landlord-Tenant Relations, IC 32-31

- - - - - - - - - -

https://www.nolo.com/legal-encyclopedia/the-eviction-process-indiana-rules-landlords-property-managers.html

Removal of the Tenant

The only person authorized to actually remove a tenant from the rental unit is a law enforcement officer. This can only happen after a landlord has won an eviction lawsuit against the tenant. The landlord must never try to force the tenant to move out of the rental unit. If the landlord does try to force the tenant to move, the tenant can sue the landlord for damages. Illegal Eviction Procedures in Indiana has more information on this topic.

The landlord may find that the tenant has left behind personal property at the rental unit following an eviction. The landlord must get a court order before removing the personal property from the rental unit. After the landlord receives the court order, then the landlord must provide the tenant with notice. The notice must state that the landlord will be removing the tenant’s property from the rental unit to a warehouseman, or storage unit. The warehouseman then takes responsibility for the property. The tenant must claim the property within 90 days and pay the warehouseman the cost of storage, or the warehouseman can sell the property (see Ind. Code Ann. § § 32-31-4-2 to 32-31-4-5). Handling a Tenant’s Property in Indiana: After an Eviction has more information on abandoned property.

- - - - - - - - - -

https://www.buildium.com/laws/indiana-eviction-process/

What are some reasons that I can evict a tenant in Indiana?

In Indiana, you can evict for nonpayment of rent, or for violation of lease provisions. Common examples of lease violations include violation of pet restrictions, criminal or drug activity. You can also evict for committing or threatening to commit ‘waste’ to the property—that is, damaging or vandalizing the rental property. Are there situations in which I cannot evict a tenant in Indiana?

You cannot discriminate on the basis of a tenant’s status as a member of a protected class. In Indiana, these protected classes are:

  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Familial status
  • Handicap

You also cannot evict a tenant for having a service dog or therapy/emotional support animal, even if you have a prohibition on pets—they’re protected by the Fair Housing Act. [The Americans with Disabilities Act (ADA), in contrast, only protects service animals—but it’s the FHA that applies to residential rental properties, not the ADA!]

What is the Indiana eviction process normally like?

If you’re ending a month-to-month tenancy, you must give the tenant a 30-day written notice to quit. A year-to-year tenancy requires 3 months’ notice. After 30 days, if the tenant has not vacated the premises, you can then proceed with the eviction proceedings below. However, if the lease contract specifies a specific end date, you don’t have to provide an additional 30 days after the end of the lease.

For non-payment of rent evictions, you must first provide the 10-day notice to cure or quit.

Preferably, you’ll serve the notice to the tenant directly. As a second option, you can serve the notice to another adult residing on the premises. You or the server must explain the content of the document. If no one is available to receive the notice, you can place it on the door, or another conspicuous spot on the property. (Indiana Code 32-31-1-9)

The next step is to go to the township court in the county in which your property is located. The Clerk of the Court will schedule a hearing. You must then arrange for the tenant to be formally served a notice of a lawsuit.

Bring a copy of the lease and any other relevant documents to the hearing.

nolu chan  posted on  2018-07-10   10:55:20 ET  Reply   Trace   Private Reply  


#8. To: Deckard (#6) (Edited)

The man owns the property the church uses. He has the ABSOLUTE right to send them packing anytime he wants to... The remainer of the quote: as long as he does not violate any laws. Say THAT ain’t so....GO ON.

No surprise to see you support this bullshit. Gatlin - LF's GLBTQ cheerleader and God hater.

Libertarians notoriously, condemn as unrightfully, any interference with private property. It is no surprise to see you be two-faced and abandon the libertarianism principle of private property.

You are incoherent again. How can I be a GLBTQ cheerleader and support the property owner’s right to kick the church out for supporting them? You are one dumbass who cannot properly express himself. You statement was contradictory.

Respecting property rights in not hating God. Did you know that private property has biblical roots? It does, though many people don’t realize it. Deuteronomy 5:21 commands: “You [the Remnant Fellowship Church in Auburn] shall not set your desire [that the LGBTQ community repent because they feel it is a hate crome against God] on your neighbor’s house or land [the owner of the building and land]… or anything that belongs to your neighbor [the property owner] where the sign was posted].”

You libertarians are such God Damned asshole hypocrites.

Gatlin is angry my friends ...

You are so wrong. The expletive I used was not a resultant cause of anger, I used it because swearing actually increased my pain tolerance level for you, your ignorant rational and your flip-flop on libertarianism principles. It may surprise you to learn that researchers have determined that swearing can have a ‘pain-lessening effect’, according to new study.

Gatlin  posted on  2018-07-10   12:25:19 ET  Reply   Trace   Private Reply  


#9. To: Gatlin (#8) (Edited)

Libertarians notoriously, condemn as unrightfully, any interference with private property.

libertarians believe in freedom of speech.

In this case - the church has had their First Amendment rights violated.

Did you know that private property has biblical roots? It does, though many people don’t realize it. Deuteronomy 5:21 commands:

You're not fooling anyone with your fake piety Spanky.

Maybe you should read nolu's post:

You cannot discriminate on the basis of a tenant’s status as a member of a protected class. In Indiana, these protected classes are:

  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Familial status
  • Handicap

“Truth is treason in the empire of lies.” - Ron Paul

Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.

Deckard  posted on  2018-07-10   12:48:42 ET  Reply   Trace   Private Reply  


#10. To: Deckard (#3)

I wonder if the sign had read: “LGBTQ is a hate crime SIN against God. Repent.” if there would have been as much of an outcry.

You know that dark days are ahead when churches are not allowed to preach or post God's word.

Dark Days indeed.

"Crime", "sin" -- ONLY the Left it seems are THE Arbiter of the English Language, of 1A Free Speech. Notice they did NOT incite violence.

And now, apparently the Word of God must be censored.

How is it the US GUMMINT can cite or parrot now legal terms like "Hate Crime" and "Hate Speech" but the citizenry can't?

The solid line in the sand is getting drawn.

Liberator  posted on  2018-07-10   12:53:27 ET  Reply   Trace   Private Reply  


#11. To: Major Sponge Bob (#4)

Get bent, Comrade. You don't have any idea what you're argument is about or what you're even talkin' 'bout, Willis.

Liberator  posted on  2018-07-10   12:55:41 ET  Reply   Trace   Private Reply  


#12. To: Gatlin (#8)

How can I be a GLBTQ cheerleader and support the property owner’s right to kick the church out for supporting them?

The property owner discriminated against the church for its biblical, anti-LGBTQ beliefs.

You support the property owner saying he has the right to kick them out because of those beliefs.

Ergo - you support the LGBTQ agenda.

“Truth is treason in the empire of lies.” - Ron Paul

Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.

Deckard  posted on  2018-07-10   12:57:09 ET  Reply   Trace   Private Reply  


#13. To: GrandIsland (#5)

Gatlin states the owner of the building evicted the church.

If that truly is the case, I do believe the private owner of any home, business or structure, should be allowed to evict anyone from the premises, for any reason.

"ANY" reason could well be because the landlord is Homo-ACLU and you are a cop. And HATE COPS. Yeah -- even if you're retired.

Tell me the day after you and you family move into a home and signed a year's lease you'd be fine with any law that allows the cop-hater to throw you and your family on your keister?

Eviction for "ANY reason" just not reasonable, fair, or right.

Liberator  posted on  2018-07-10   13:01:49 ET  Reply   Trace   Private Reply  


#14. To: Deckard, Comrade SpongeBob (#12)

Ergo - you [Gatlin] support the LGBTQ agenda.

Of course he/it does.

Gatin is a Commie-fascist. That's no secret.

Liberator  posted on  2018-07-10   13:03:20 ET  Reply   Trace   Private Reply  


#15. To: nolu chan, Deckard (#7)

Thanks for the overview on terms for LEGAL eviction.

The Landlord is a Commie-Fascist, an ACLU-supporting HOMO who is a Drama Queen. He it called a local Tee-Bee station (ABC) -- who was only too happy to "report" it.

Now watch the ACLU or SPLC (OR certain LF Poster) file a "Hate-Crime" against the church tenants.

Liberator  posted on  2018-07-10   13:08:23 ET  Reply   Trace   Private Reply  


#16. To: Liberator (#10) (Edited)

And now, apparently the Word of God must be censored.

You know, I think that the reason the LGBTQ crowd is so angry when someone challenges them with God's Word is that deep down inside - they know on some level that it's the truth. At least I think many of them do.

All of them have been deceived into believing all the crapola propaganda being pushed by the mainstream media (and the government I might add) for at least the past 3 decades.

Still - they only make up, what - 5% of the population? How did we get to the point where a tiny minority is controlling the message and the dialogue?

Opposing the Transgender Movement

“Truth is treason in the empire of lies.” - Ron Paul

Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.

Deckard  posted on  2018-07-10   13:08:44 ET  Reply   Trace   Private Reply  


#17. To: Deckard (#16)

They [homo-fascists] only make up, what - 5% of the population?

How did we get to the point where a tiny minority is controlling the message and the dialogue?

HOW??

Homo-fascists eventually infested most major institutions and businesses at the top -- including especially ACADEMIA and COURTS. One way was through AA. And their fake "tolerance" mantra.

They also took over Hollywood, the MSM, and social media. So that's how easily 5% can control the message, dialogue and agenda.

Liberator  posted on  2018-07-10   13:14:05 ET  Reply   Trace   Private Reply  


#18. To: GrandIsland (#5)

" The church was foolish to set up shop in a building they don’t own "

Yep !!

The church members should pony up and buy their own property !!

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt

"If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)

AMERICA! Designed by geniuses. Now run by idiots.

Stoner  posted on  2018-07-10   13:17:18 ET  Reply   Trace   Private Reply  


#19. To: Deckard (#16)

You know, I think that the reason the LGBTQ crowd is so angry when someone challenges them with God's Word is that deep down inside - they know on some level that it's the truth.

I totally agree.

Condemnation & Misery love company.

Liberator  posted on  2018-07-10   13:18:00 ET  Reply   Trace   Private Reply  


#20. To: Stoner, GrandIsland (#18)

The church members should pony up and buy their own property !!

Some churches can't afford to buy a building. Come on, man.

And by the way -- is THIS the real issue here?

Liberator  posted on  2018-07-10   13:19:15 ET  Reply   Trace   Private Reply  


#21. To: nolu chan (#7) (Edited)

The man owns the property the church uses. He has the ABSOLUTE right to send them packing anytime he wants to as long as he does not violate any laws. But there are laws.
I think everyone knows or should knw that “there are laws.” I specifically said “as long as he does not violate any laws. Thank you for your post, but I would rather have learned “if” the landlord violated any laws. I will be most interested if you discover that.

Different headlines state the church was “forced out, kicked out and evicted.” We do know that reporters like to sensationalize the headlines to their stories to click-bait readers, What we don’t know is the true story of why the church left the property. The property owner was never interviewed in any of the many articles and nowhere did it state he declined to be interviewed. Which probably means that nobody even contacted him.

This was not just a little sign. It was one of those very large signs curbside where letters can be changed. One article stated there was much controversy in the community with some speaking out that the sign should be removed and others saying the sign should stay. As I said, we don’t know the true and complete story here. Speculation could be that the property owner simply asked the church to leave and they agreed to do so. It can only surmised that “if” a law were broken, then reporters would have been ALL over this story even today with it still making new headlines.

A similar story:

Anti-gay pastor will have to relocate his church after praising murder of Orlando victims.

Decision comes after Pastor Roger Jimenez preached he was upset the Orlando shooter "didn't finish the job."

Gatlin  posted on  2018-07-10   13:23:28 ET  Reply   Trace   Private Reply  


#22. To: Deckard (#9)

Libertarians notoriously, condemn as unrightfully, any interference with private property.

libertarians believe in freedom of speech.

Diversion Alert !!!

Do libertarians notoriously, condemn as unrightfully, any interference with private property?

Gatlin  posted on  2018-07-10   13:31:47 ET  Reply   Trace   Private Reply  


#23. To: Deckard (#9)

In this case - the church has had their First Amendment rights violated.
NOT SO, ignorant one. Private property is not government-owned. Restrictions on individuals' free-speech rights on private property violoates NOTHING....just the same as you do NOT have freedom of speech on Stone’s forum.

Gatlin  posted on  2018-07-10   13:37:26 ET  Reply   Trace   Private Reply  


#24. To: Deckard (#9)

Did you know that private property has biblical roots? It does, though many people don’t realize it. Deuteronomy 5:21 commands ...

You're not fooling anyone with your fake piety Spanky.

Your reply to me tells me that you obviously had no knowledge of Deuteronomy 5:21.

No fake piety, here....continue to read my posts and I will educate you.

Gatlin  posted on  2018-07-10   13:41:38 ET  Reply   Trace   Private Reply  


#25. To: Gatlin (#24)

You're not fooling anyone with your fake piety Spanky.

Your reply to me tells me that you obviously had no knowledge of Deuteronomy 5:21.

That wasn't the point - itr's your hypocritical fake piety that's the issue.

“Truth is treason in the empire of lies.” - Ron Paul

Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.

Deckard  posted on  2018-07-10   13:47:10 ET  Reply   Trace   Private Reply  


#26. To: Deckard, nolu chan (#9)

Maybe you should read nolu's post ...
I read Nolu’s post. I knew everything there, just not the specific details.

You do not know the reason the church no longer occupies the building. We cannot eliminate the possibility that the lease had expired and the landlord chose not to renew it because of th controversy the sign caused in the community. There are many other explainable possibilities for the lawful removal of the church from the property.

Gatlin  posted on  2018-07-10   13:47:16 ET  Reply   Trace   Private Reply  


#27. To: Gatlin (#26)

There are many other explainable possibilities for the lawful removal of the church from the property.

Nothing "lawful" about it.

“Truth is treason in the empire of lies.” - Ron Paul

Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.

Deckard  posted on  2018-07-10   13:50:45 ET  Reply   Trace   Private Reply  


#28. To: Liberator (#20)

" Some churches can't afford to buy a building. Come on, man. "

Well, if they own their own property, no one can evict them. If they want it, they will find a way.

I have seen small congregation church groups start small, grow and build up. It can be done!

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt

"If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)

AMERICA! Designed by geniuses. Now run by idiots.

Stoner  posted on  2018-07-10   13:55:39 ET  Reply   Trace   Private Reply  


#29. To: Stoner (#28)

If they want it, they will find a way.

I have seen small congregation church groups start small, grow and build up. It can be done!

I agree, but sometimes it takes TIME.

Until then the fellowship and Gospel must be preached.

Liberator  posted on  2018-07-10   14:01:39 ET  Reply   Trace   Private Reply  


#30. To: Deckard (#27)

Stupid reply !!!

Gatlin  posted on  2018-07-10   14:11:22 ET  Reply   Trace   Private Reply  


#31. To: Everyone (#30)

DO INDIVIDUALS HAVE FIRST AMENDMENT RIGHTS ON OTHERS’ PRIVATE PROPERTY?

Generally, no. The Bill of Rights provides protection for individual liberty from actions by government officials. This is called the state-action doctrine. Private property is not government-owned. Restrictions on individuals’ free-speech rights on private property do not involve state action.

However, a few states have interpreted their own state constitutions to provide even greater free-speech protection than the federal Constitution offers. For example, the New Jersey Supreme Court has ruled that individuals have free-speech rights at privately owned shopping malls. Most state supreme courts that have examined the issue have disagreed. In April 2002, the Iowa Supreme Court refused to extend its definition of public property to include large, privately owned shopping malls.

Gatlin  posted on  2018-07-10   14:12:01 ET  Reply   Trace   Private Reply  


#32. To: Gatlin (#31)

However, a few states have interpreted their own state constitutions to provide even greater free-speech protection than the federal Constitution offers. For example, the New Jersey Supreme Court has ruled that individuals have free-speech rights at privately owned shopping malls.

Irrelevant.

“Truth is treason in the empire of lies.” - Ron Paul

Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.

Deckard  posted on  2018-07-10   14:16:56 ET  Reply   Trace   Private Reply  


#33. To: Gatlin, Deckard (#30)

Nothing "lawful" about it.

Stupid reply !!!

Perhaps not. It may be fake news to the extent that it did not happen as described.

It appears impossible that they were lawfully evicted unless some special unmentioned provision was applicable.

See at #7:

https://www.nolo.com/legal-encyclopedia/the-eviction-process-indiana-rules-landlords-property-managers.html

Removal of the Tenant

The only person authorized to actually remove a tenant from the rental unit is a law enforcement officer. This can only happen after a landlord has won an eviction lawsuit against the tenant. The landlord must never try to force the tenant to move out of the rental unit.

nolu chan  posted on  2018-07-10   14:24:28 ET  Reply   Trace   Private Reply  


#34. To: Deckard (#25)

That wasn't the point - itr's your hypocritical fake piety that's the issue.
I merely quote APPROPIATE Scripture. Nothing fake about me doing that. I sincerely believe the Scriptures I post. If you do not believe that I believe them....then that’s your problem and one you will have to learn to live. Because I will CONTINUE doing it.

Gatlin  posted on  2018-07-10   14:24:30 ET  Reply   Trace   Private Reply  


#35. To: nolu chan (#33)

Perhaps not. It may be fake news to the extent that it did not happen as described.

It appears impossible that they were lawfully evicted unless some special unmentioned provision was applicable.

I would rather not arrive at a conclusion based on “appearances.”

Gatlin  posted on  2018-07-10   14:29:17 ET  Reply   Trace   Private Reply  


#36. To: Deckard (#32)

However, a few states have interpreted their own state constitutions to provide even greater free-speech protection than the federal Constitution offers. For example, the New Jersey Supreme Court has ruled that individuals have free-speech rights at privately owned shopping malls.

Irrelevant.

Quite to the contrary. It is relevant if Indiana interpreted their own state constitution to provide evern greater free-speech on PRIVATE PROPERTY....and I find no place they did.

You stand corrected.

Gatlin  posted on  2018-07-10   14:33:29 ET  Reply   Trace   Private Reply  


#37. To: Gatlin, Deckard (#35)

[Gatlin #35] I would rather not arrive at a conclusion based on “appearances.”

Actually, your proffer of "many other explainable possibilities for the lawful removal of the church from the property," offers what appear to be explanations impossible to be lawful. As documented at my #7 and #23, Eviction is by a law enforcement officer and "can only happen after a landlord has won an eviction lawsuit against the tenant."

As documented below, a lawsuit can be brought only after the landlord gives notice to the tenant of the tenant's noncompliance with IC-32-32-7, Chapter 7, and the tenant has been given a reasonable amount of time to remedy the noncomplaince.

The article asserts the sign was posted on June 27th. There is simply no physical time for the landlord to have given notification of a violation, and reasonable time for a remedy to have expired, and an eviction lawsuit to have been brought, and an eviction to have lawfully taken place.

It is possible that the landlord told the tenant they were no longer welcome and they chose to leave, but then they would not have been "been forced out of their building," which is the lead claim of the article.

[Gatlin #26] We cannot eliminate the possibility that the lease had expired and the landlord chose not to renew it because of th controversy the sign caused in the community. There are many other explainable possibilities for the lawful removal of the church from the property.

IC 32-31-7-7

Landlord's cause of action to enforce tenant obligations

Sec. 7. (a) A landlord may bring an action in a court with jurisdiction to enforce an obligation of a tenant under this chapter.

(b) Except as provided in subsection (c), a landlord may not bring an action under this chapter unless the following conditions are met:

(1) The landlord gives the tenant notice of the tenant's noncompliance with a provision of this chapter.

(2) The tenant has been given a reasonable amount of time to remedy the noncompliance.

(c) If the noncompliance has caused physical damage that the landlord has repaired, the landlord shall give notice specifying the repairs that the landlord has made and documenting the landlord's cost to remedy the condition described in the notice.

(d) A landlord is not required to comply with the notice requirements of this section to bring an action under subsection (a) if the tenant's occupancy of the rental premises has terminated.

(e) This section may not be construed to limit a landlord's or tenant's rights under IC 32-31-3, IC 32-31-5, or IC 32-31-6.

(f) If the landlord is the prevailing party in an action under this section, the landlord may obtain any of the following, if appropriate under the circumstances:

(1) Recovery of the following:

(A) Actual damages.

(B) Attorney's fees and court costs.

(2) Injunctive relief.

(3) Any other remedy appropriate under the circumstances. As added by P.L.92-2002, SEC.1.

nolu chan  posted on  2018-07-10   17:01:46 ET  Reply   Trace   Private Reply  


#38. To: nolu chan (#37) (Edited)

Actually, your proffer of "many other explainable possibilities for the lawful removal of the church from the property," offers what appear to be explanations impossible to be lawful.
I admit the use of the word “many” when referring to “other explainable possibilities for the lawful removal of the church from the property" was an overstatement. Therefore, I will at this time amend my statement to read: There is one other possibility for the lawful removal of the church from the property” and that possibility is that it could have been done legally by “mutual consent.”

I believe there is such a thing. I would think that generally it means two parties of sound mind and comprehension, agree in tandem to a contract that can be verbal or written. So mutual consent can relate to anything with such a general definition. I would think, however, to have a "contract" or agreement between two parties that engages the construct of mutual consent, both parties have to be of a minimum age of majority and have a mental level of understanding of what their actual agreement pertains and the consequences.

Does that sound about right?

I amy be wrong, but you seem to be working on the supposition that the headline in the article is correct and the church was illegally “forced” out of the building.

While as I said, I don’t like to work from appearances (or suppositions) and would rather wait until there is enough verifiable information available for me to make a conclusion.

I really prefer not to deal with “appearances” or “suppositions.” Therefore, I have a “News Alert” notice for further news on this matter and I will keep you posted and should I learn anything new that is of interest. I ask that you please do the same for me. Thank you.

Gatlin  posted on  2018-07-10   19:05:32 ET  Reply   Trace   Private Reply  


#39. To: Gatlin (#38)

I amy be wrong, but you seem to be working on the supposition that the headline in the article is correct and the church was illegally “forced” out of the building.

Nope, it is pure speculation that the church was forced out of the building, legally or illegally. The WANE source offers no support for the claim made, citing to WANE.

It appears that the church may have been asked to vacate and they chose to leave.

It appears they did not make a contract but terminated a contract, by mutual consent.

You cannot go through the legal process and get them evicted as quickly as this claims. It can take months to overcome tenant rights and obtain a court order for eviction. See the case of the serial squatters below.

https://www.youtube.com/watch?v=NDXnBcCvkOc

http://www.kxii.com/content/news/Couple-evicted-numerous-times-trying-to-now-manipulate-Texoma-realtors-455956563.html

By Kristen Weaver
Posted: Tue 5:57 PM, Nov 07, 2017
Updated: Tue 7:28 PM, Nov 07, 2017

POTTSBORO, Tex. (KXII) - Realtors are calling a couple 'serial squatters' after they were accused of being evicted from over 20 homes which they would stay in for a few months and not pay anything before being kicked out and moving on to their next victim. It all came to light after CBS 11 in Dallas investigated the Schwab couple last week.

Now, they're in Texoma.

When Sherman Easy Life Realty agent Brandy Landon was contacted mid-October by that same couple (unaware of their background), she said she was ready to help. Landon said Heather Schwab found her on Zillow after finding a home on Lake Texoma.

“We had a good conversation, about 20 minutes, just chatting," Landon said. "I got a feel for why she wanted to move out here. She told me she wanted to move from Frisco with her family; she had a couple kids, a couple dogs, her and husband worked for a collection agency.”

Landon said she took a liking to Heather over the phone, so she began searching for Pottsboro homes near the lake. They wanted a four bedroom home that had been on the market for a while.

“She said she had procrastinated and that their lease was up on Oct. 31, and she contacted me on Oct. 16," Landon said. "She said she had to get into a home by Nov. 1. I was like, 'wow that cutting it pretty close.'”

She tried anyway. Her and her husband William Eric Schwab came up from Frisco to look at a $400,000 home in the Tanglewood Resort properties on a golf course. They liked it--and made a non-traditional offer.

“They said we just need a temporary lease first so we needed to get in rent the place for a couple months with a contract to purchase," Landon said.

The seller Wanda Poe and her clients said no to the offer. In hindsight, Landon said that was a blessing.

"A couple days later she sent me some homes in Prosper," Landon said.

She contacted an agent in Prosper who asked her if her clients were Heather and Eric Schwab. A report on CBS 11 (http://dfw.cbslocal.com/2017/10/30/serial-squatters/) had aired the day before detailing their numerous evictions over the past decade or so. It said they would take thousands from homeowners before moving on to their next victims.

Upon hearing their identities, "I was shocked, to be honest," Landon said. "I've had some vibes from other people that ended up checking out, but I never got a bad vibe from them."

Lindsay Wright, the associate executive with Greater Texoma Association of Realtors, said she was shocked too, especially that the squatters were now trying to target Texoma properties.

"I don’t know how far to what extent they’ll go," Wright said. "They're very well-educated and rehearsed on what they do. I don’t want my realtors to be their next victim."

Wright said they were likely coming north to avoid being discovered in Dallas again.

Landon said the couple would request homes on the market for a while with the expectation that sellers would be desperate. She also guessed they wanted the temporary lease with a contract to buy to bypass a background check, because renter's history wasn't needed.

We tried calling Heather on the number Landon used days ago. It was disconnected.

nolu chan  posted on  2018-07-11   1:33:56 ET  Reply   Trace   Private Reply  


#40. To: nolu chan (#39)

I understand and agree. Thank you.

From the lack of available information, it may be that both parties just want this “embarrassment” to go away….never to be heard about again. I say this because of a couple of things I have read including the fact that the church took down their Facebook page. They were being hit on pretty hard by activists.

Gatlin  posted on  2018-07-11   6:32:53 ET  Reply   Trace   Private Reply  


#41. To: Gatlin (#4)

The man owns the property the church uses. He has the ABSOLUTE right to send them packing anytime he wants to as long as he does not violate any laws. Say THAT ain’t so....GO ON.

Did they have a lease?

Also faggots have zero rights.

A K A Stone  posted on  2018-07-11   7:06:03 ET  Reply   Trace   Private Reply  



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