May 26, 2009

Did I mention the new owners?

Yes, I think I did. It was interesting to see Carol's sister and husband Jim with the Symons at the pig roast. If you don't mind, I'm going to jump ahead a couple of years into the court mess to the point where a new buyer entered the scene.

First, back in the early stages of negotiations on "how" the cottage would be sold, the court appointed receiver, David Meyer, had drafted a document with some instructions for the bidder. The bidder would not be able to "assign" their right to purchase and beyond some muddied up half done instructions, any bidder would be required to attach a $5000 check along with their bid. David (and only David) was the only bidder at this point and sent in his $5000 check.

Ok, zoom forward to late fall, 2008. December 15, 2008. We were accustomed to zingers from left field at this point but we sure couldn't believe our eyes when all of a sudden, David had assigned his purchase rights to Carol, Trustee of the Reinhart Radke Trust Agreement, u/a/d/ May 18, 1983. Under an assignment dated December 15, 2008, David C. Symons assigned his interest as purchaser to the assignee, Carol A. Symons, Trustee.

ASSIGNMENT AND ASSUMPTION

" KNOW BY ALL MEN BY THESE PRESENTS, that David C. Symons and Carol A. Symons, husband and wife ("Assignors") assign and transfer to Carol A. Symons, Trustee of the Reinhart Radke Trust Agreement dated May 18, 1983, as amended ("Assignee") all of the Assignors' rights and obligations as purchasers under the terms of that certain Offer to Purchase with respect to the property commonly known as 459 Old Stage Road, Roscommon, Michigan (the "Offer To Purchase").

Assignee agrees to perform all of the terms, covenants and conditions of the Offer to Purchase which are the responsibility of Assignors.

IN WITNESS WHEREOF, Assignors and Assignee have caused this Assignment and Assumption to be executed and delivered on the 15 day of December, 2008."

"signatures of Assignors to Assignee"

If I had a scanner, I wouldn't have had to type that all in. I could have just scanned the original document.

Why is this particularly weird?? Well, it seems that somewhere late last fall David needed to find a buyer for the other 2/3 share of the cottage. Perhaps the market's plunge had something to do with this??? Don't know. What ticked us off was that it was clearly stated that the purchaser could NOT assign his rights. Hmmmmm. The court would have to approve this change. Did the court "approve" this? Not really. Apparently, in one of the first versions of the final report of the receiver for closing on the sale of real property the document (quoted above) appeared.

So, apparently you can just change the terms willy nilly. (Watch out folks). That "version" of the final report was amended a couple of times. Seems that the numbers didn't make sense, didn't include some prorated property taxes, insurance stuff, etc. Ummm hmmm. Back to court. And certainly ground work should we file an appeal which is our right to do.

And now, The Reinhart Trust with Carol and Bonnie as trustees are now tenants in common with DAVID. (per deed recorded February 23, 2009 liber 1080 page 1125-1127).

Tenants in common????????? Oh my!!

31 comments:

Anonymous said...

If the rights were not to be assigned per the court, yet Slymons assigned them anyway-- the sale should be / could be invalidated.

Why was Slymons the only party that sent in the $5,000 with intention to purchase this property? Didn't the Lees have the same opportunity to do so?

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Anonymous said...

Obviously this real estate was never properly marketed beyond David Slymons, his old lady, his old lady's sister and her unsuspecting husband.

What about the promise to offer the cottage to members and friends of the other associations? Was that ever done?

Was there any effort whatsoever to sell this cottage to the highest bidder?

Sounds like an inside job here which only benefited on David Slymons, and screwed the other 2/3 owners!

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Anonymous said...

Libby T- What do you make of this BS?

Joey said...

As I've said before, once your cottage hits the court in a partition suit, you are SCREWED. Did the assignment invalidate the sale.. ha. No. Seems to work whatever way the "receiver" wants it to. Why didn't we submit a bid in the beginning? We didn't want to take the road David was taking and the "instructions" were so muddied it would not have worked.

Anonymous said...

Maybe the reason David won't do the honorable thing and step down as Prez is so that he can avoid paying the transfer fee?

Anonymous said...

In the business world it is said "You lead by example"........so if the President of Lakeside is doing back door deals to screw his own family....what has he been doing all along......and what is he making Lakeside look like?

As Joey has stated David would not sit down with his family to discuss options on ownership....he did what any coward would do.........got a lawyer!!!!! to do the talking and screwing for him.

Anonymous said...

I hope he gets kicked off the range. He's no Lakesider. nor are the other owners. Lakeside used to be a place where everyone was like family. You would go up there and leave off where you left the last summer. Now it's all messed up with people either liking david slymons or not. It's a split camp. Too bad for that. loyalty and a place that was used by our ancestors. Not one family divided the camp. I say tear down the slymons cottage and let us be !!!!!

Anonymous said...

"I say tear down the slymons cottage and let us be !!!!!"

Amen to that, child!

Are there really Lakesiders loyal to David Slymons? Who, prey tell??

Anonymous said...

"Maybe the reason David won't do the honorable thing and step down as Prez is so that he can avoid paying the transfer fee?"

Huh? Could President Slymons really abuse his power by waiving the Lakeside tranfer fee selectively and unfairly benefit to himself and his new encroachers?

Who is the accountant? Just send them a damn bill!! Put it on the agenda for the annual meeting if he doesn't pay!

Anonymous said...

why the hell wouldn't he have to pay a transger fee just because he's prez? That's the worst I've heard yet

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Anonymous said...

new encroachers???
I say squatters

Anonymous said...

It sounds like things are heating up for another "Pig Roast" but this time it will be at the annual meeting....the Prez maybe trying to pull off a fast one...but remember..."There is no honor amongst theives"........

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Anonymous said...

Hey! If you can't get along with your own family, why not try owning it with your in-laws!! Who was it that said: “The definition of insanity is doing the same thing over and over again and expecting different results”.

Katy Elizabeth said...

In response to "Tear down the slymons cottage..."

Um. I don't think so. Even though it's now owned by jerks, I would still very much like to be able to drive up to Lakeside and walk the front path and see the old gal. Even though I may not ever sleep there again, or be able to sit on the front porch during the summer and take a nap -- it is still where my heart is.

I am grateful to have had the opportunity to grow up there and don't get me wrong -- I do not enjoy the thought of that old man having the opportunity to keep it all to himself. But the idea of tearing the place down just goes along with the theory that he has been living by: "If I can't have it, then no one will."

My heart breaks whenever someone mentions that this whole ordeal is splitting up Lakeside. I refuse to believe that Lakeside is any less of a magical, spectacular place just because of one ownership issue.

Just your under average blogger said...

Katy you spoke for all of us, well said.

Anonymous said...

Yes Katy, but the collective Karma of the whole place has been unfortunately harmed by David's actions.

Anonymous said...

We could all slam the guy for all his wrong doing and that's about all is said lately. Lets get over that and get to the real facts about this story.

Katy Elizabeth said...

"Yes Katy, but the collective Karma of the whole place has been unfortunately harmed by David's actions."

Well, I can assure you that with the 120+ years that the camp has been around, that it will still be standing after everyone soon forgets about this mess. I don't blame you for being bothered by all of this. You have to understand though that coming from my point of view, it seems a bit petty to be worrying about drama occurring in another cottage -- and of course, my point of view consists of not having a cottage anymore. I felt it necessary to point out that tearing down the cottage wouldn't really be in anyone's best interest.

Please believe me when I tell you that I am empathetic toward your cause - I would be upset, too, if there was some drama going on in a place that is always so beautiful and peaceful. But like I said, I assure you that this will all be over and forgotten. He is, after all, an old man.

Anonymous said...

I agree tearing it down wouldn't be a good thing since it's part of lakeside. I just hope the devil doesn't tear it down to build an "A" frame as first thought. Katy you are right on track with your comments. Slamming the devil is an ongoing thing that will never stop until he is dead and gone. or maybe never. Hopefully the power of lakeside and it's magic will never subside. One asshole and his family can't break the spell of the old camp but sure has people hating him. Lets get on with the due course of this blog and enjoy the summer as best can be expected. He knows where he stands and doesn't seem to care so lets stand tall and be the better people....

Anonymous said...

I just can't wait for the annual meeting... Many surprises in store.

Anonymous said...

Please take PHOTOS at the Annual meeting. Blog posts are SOOOOO much more interesting when accompanied by photos.

XOXO Your loyal readers

Anonymous said...

I really don't think camera's or any other type of recording devices are allowed at the annual meeting. Sorry

Carlie said...

"The evil of the world is made possible by nothing but the sanction you give it"


We not only give sanction to evil when we allow ourselves to participate and perpetuate negativity/hate and allow that energy to ruin the face of Lakeside,
but also when we allow ourselves to be ignorant to the laws and experiences of those directly involved with this....
I feel like some people need reminding..this blog was not intended to perpetuate evil. It was to take sanction against it, and to educate those in similar situations so that this may not happen with them.

For those who are tired of the drama,and believe that it may be ruining how they perceive the camp,I say this:
You have the facts, what you choose to do with them is up to you.
If you choose to let evil ruin the legacy, then it will.


But as for me...
Even after all of this, I still dream fondly of my naps on the front porch swing....

Joey said...

We said Carlie... good comment. Spot on.

Joey said...

I meant "well" said Carlie...and it was....brilliant

Katy Elizabaeth said...

Carlie, I'm with mom on this - well said. ::gives pat on the back::