In reading back over the giant mound of paperwork, I found the transcript from the Excerpt- Judge's Opinion BEFORE THE HONORABLE FRED L. BORCHARD, CIRCUIT JUDGESaginaw, Michigan-April 9, 2007
The Court: "All right. Thank you. The court would note for the record, I have looked at the court file and I'm familiar with this case from its inception, when the attorneys were initially before the Court. Efforts were made as both counsel have indicated to try and resolve this case through facilitation and has not been successful.
The Court is going to order sale of the property. I am going to appoint David Meyer as the individual that will be in charge of the sale at the best possible price. The Court is not going to order costs or sanctions at this time, and I will take the matter under advisement as to payment of any attorney fees following the sale of this property.
The Court also is going to order that the property is not to be wasted in any way, shape or form, nor any of the personalty that is within the property. I'm not going to stop the parties from using the property as they've done in the past, and the sale will move forward as expeditiously as possible under the sole direction and discretion of Mr. Meyer.
The Court would note if after reasonable time the property cannot be sold, then--that it will be put up for auction and auctioned off at the best possible price. ...that is the decision of the Court.
MR. STURTZ: One clarification, Your Honor, you mentioned something about personal property. Personal property is to remain in the cottage?
THE COURT: Yes. It's not to be removed, sold, stolen, anything of that nature, and if the property does turn up missing, somebody's going to get locked up, so--"
This is an excerpt from the judge's opinion that was rendered on April 9, 2007. On April 27th, our attorney spoke with Mr. Meyer in regard to the court's order of April 18, 2007 appointing him as a receiver to carry out the sale of the property. Mr Meyer was suprised by the phone call because he was unaware that an order had been entered by the court. The court had not provided to him a copy.
And so it went. We were now in the hands of Mr. Meyer. Let's just see how much he could bungle this up. More to come.... in the meantime.. "nothing is to be removed.."