In March of 2021, Ajay Dayal executed a binding contract with the homeowner, Mike Thanh Vu, setting forth the payment terms for two homes. The agreement called for Dayal to make payment of principal, interest, and taxes on both properties. In April of 2021, Dayal breached the contractual obligations by not making payments as agreed upon. In September 2021, the property owner initiated foreclosure proceedings against Dayal.  

In January 2022, Dayal counter-sued the property owner with an argument asserting that the foreclosure was untimely because no payment was required under the agreement until December 2021. Dayal won an injunction preventing the owner from selling the properties. However, Defendant Vu allowed the foreclosure sales to proceed because Dayal failed to post bond on time. Dayal filed an amended complaint, while Vu filed a counterclaim for a breach of contract.

During the discovery, owner Vu produced evidence that while Dayal was in possession of the properties, Dayal failed to pay property taxes, HOA fees, and various utility bills, resulting in liens being filed against the properties. Vu paid off the liens to prevent the properties from being foreclosed on by lien holders. Vu produced evidence of payments totaling over $33,000 for delinquent property taxes, HOA fees, and other outstanding bills.

The summary judgment signed by District Court Judge Maria Gail orders Ajay Dayal to pay Vu $22,662 for attorneys’ fees and costs. Additionally, the order calls for Dayal to pay Vu $20,800 for loss of rental income arising from the breach of the agreement terms and to file a lawsuit to enable Dayal to wrongfully occupy the property.

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