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!!