Fergison: MiddleTown Property Group Threatened to Call Police, Changed Lock, "Has Never Had Legitimate Legal Grounds" to Evict Elderly Mother

 

    VBN continues to follow this developing story. Click here for a complete timeline and links to related coverage.

    CORRECTIONS: While a prospective tenant was supposed to tour Alysson Fergison's mother's apartment on June 7th at 9am, no one arrived. Fergison and her mother stayed at the hotel for about a week (6-7 days), not 2 days. MiddleTown only paid for their hotel for 2 days.

 MUNCIE, Ind. - Four days ago, VBN reported on Alysson Fergison’s mother, an elderly woman who has lived at the property now known as The District on Oakwood since before it was acquired and renamed by MiddleTown Property Group.

    MiddleTown reportedly plans to evict her.  

    According to an update on Fergison's petition titled "STOP MiddleTown Property Group from evicting the elderly, disabled widow of a Vietnam Vet," MiddleTown was scheduled to show her mother's apartment to a prospective tenant on June 7th. However, no one showed up.

    "They are literally trying to rent my mother's home right out from under her, even though they have been duly informed that a lawsuit will be filed imminently and have been aware for months now that there is an active Attorney General investigation into their egregious behavior toward her," Fergison stated.

     Fergison shared her mother is "paying more than the listing price of this unit on their website," and that MiddleTown is "continu[ing] to refuse to let her" renew her lease.

    "This is the textbook definition of retaliatory housing discrimination," Fergison said.

    Vivian Bostick, independent journalist and owner of VBN, got in touch with Fergison via Facebook. 

    Fergison shared an article with Bostick that, on Christmas Day in 2022, her mother's apartment was flooded. Three days later, around 2pm, an unidentified MiddleTown employee threatened to call the police to have her mother forcibly removed. 

    Fergison and her mother stayed at a hotel for about a week, while MiddleTown did not answer Fergison's calls. When they returned, they discovered MiddleTown changed the lock on her mother's door. 

    "MiddleTown Property Group/BSURentals.com never informed us that our lock would be changed or why it needed to be changed. We have received no communication from them whatsoever. My mother’s critical medications are now locked behind a door that we cannot open," Fergison posted.

    Fergison also posted that "MiddleTown Property Group/BSURentals.com stopped paying for the hotel room after the second night. We have been paying for it ourselves since."

   In a direct message, Fergison stated they had to "pay for [their] hotel for 4-5 more nights, because [MiddleTown] refused to answer or return phone calls." MiddleTown was supposed to pay for their hotel, but "that turned out to be a lie."

    "[MiddleTown] displaced everyone in the building, because we were told the fire marshal was forcing them to cut the power," Fergison said. "That was later proven to be a lie." 

    "I have called over and over and over again over the course of days," Fergison continued. "I have left message after message after message over the course of days. Not a single attempt has been made to reach me or my mother. Not a phone call. Not an email. Not a message delivered by carrier pigeon. Zip. Zilch. NADA." 

    Fergison responded to Bostick's questions via email:

    Q: "Has MiddleTown given your mother any formal explanation—verbal or written—for why they are refusing to renew [your mother's] lease?"

    A: "MiddleTown Property Group did not provide and has not provided any specific reason for refusing to renew my mother's lease.  Given that the notice came just weeks after their behavior toward my elderly, disabled mother became so egregious that it warranted a personal call from the Section Chief of the Attorney General's Homeowner Protection Unit first thing on a Monday morning to compel them to stop what they were doing, forcing her out of her home was an obvious act of unlawful retaliation." 

    Q: "Can you share whether any formal eviction notice has been issued, and if so, when?"

    A: "MiddleTown Property Group has never had legitimate legal grounds to initiate eviction proceedings against my mother.  She's never been so much as 5 minutes late with her rent or utility payments, nor has there been a single lease violation or issue with her tenancy whatsoever.  Even when she was stranded in a hotel room for days and the lock on the door of her apartment materially altered to prevent us from gaining entry, she STILL paid her rent on time."

    Q: "You mentioned that a lawsuit is imminent and that the Attorney General's office is involved—have you received any direct communication from the Attorney General or filed formal legal action?"

    A: "We submitted a formal complaint against MiddleTown Property Group to the Attorney General's office back in October of 2023 and an investigator was assigned in January of 2024.  I have been in periodic communication with that investigator since July of 2024.  All I am at liberty to say about that investigation is that it remains active and ongoing.  

We have not yet filed civil action, but MiddleTown Property Group declined my final attempt to settle the matter amicably and avoid civil litigation, so we have no choice now but to proceed with a lawsuit in the very near future." 

    Q: "What outcome would you and your mother ideally like to see at this time?"

    A: "Our priority has always been and still remains preventing MiddleTown Property Group from forcing my elderly, disabled mother out of the home she lived in before they ever became associated with the building now known as District on Oakwood.  

Given that our attempts to settle the matter amicably and avoid having years of documented warranty of habitability, covenant of quiet enjoyment, FHA, and ADA violations—as well as intentional infliction of emotional distress and, now, retaliatory housing discrimination—litigated in court have been unsuccessful, we will now not only avail ourselves of every legal avenue available to prevent them from forcing my mother out of her home, we will also request the matter be tried in front of a jury and we will seek the maximum compensatory and punitive damages allowed by Indiana law."

    VBN has still yet to receive comment from MiddleTown or the Attorney General's office at the time of reporting. Bostick will continue to be in touch.

    VBN continues to follow this developing story. Click here for a complete timeline and links to related coverage.