Is this real estate LLC actually owner of the property and the LLC name is written on the deed?
You need to call the title company and verify the property parcel number is your LLC’s property and then notify them this guy does not own any part of the LLC and that the property is not for sale, that this guy is committing fraud. Then notify the police, prosecutors office, real estate brokerage involved and any other related parties.
It is not the real estate brokerage who would require upfront proof, it’s the title / escrow company.
Who has your corporate package that includes your records and your corporate seal? Is this corporation (LLC) in good standing with the state? Who would be your managing member?
As you probable know an operating agreement could be copied, but a corporate seal and legal standing with the state can not be duplicated. (Names recorded with the yearly state filing.)
The LLC has to file every year and pay the yearly state fee’s and provide a legal process of service party to receive any mail or documents in the corporate name! Are you sure that 50.001 percent of current unit holders did not agree to a sale? They don’t have to necessarily notify unit holders unless you operating agreement calls for it, otherwise the property can be sold and you get a check without any notice.
How many members are unit holding parties in this LLC? Have you gotten ahold of the managing member and all other members?
If the title / escrow company finds a corporate entity on the deed they will look for the filed officers / managers names of record for 2015 / 2016 and will only allow a listed officer sign for the corporation! Plus their will need to be an authorization according to the operating agreement that states when and how an asset can be sold and who must agree to the sale?
If you and 50.001 percent of LLC unit holders want the sale stopped it’s easy to do, and you stop future action by getting an attorney, the police and city, county and state attorney’s involved in charging this guy with attempted fraud! He can’t do much from jail.
But if you have a bunch of members and say 17 out of 65 hold over 50.001 percent, they could authorize a sale without anyone else knowing if there is no notice provision in the operating agreement? In fact you would get a potential check only if the operating agreement called for disbursing sale proceeds to members, if not revenue would go into a bank account until that time the operating agreement calls for disbursement.
Could this be only on the dissolution of the LLC that all proceeds are dispersed? Only you know? Did you read the operating agreement in whole?
Does a corium have the ability to re-write the operating agreement with 50.001 percent of unit holders?
Are you sure Bob is out of the LLC or is he actually owner and beneficiary of the “Big B Trust” who owns 51% of the units and therefore can take action as a controlling party? Could Bob have bought out one of the other members and created a hostile owner group of 50.001 percent?