July 10, 2009

We argued...

With the report in from the receiver, Mr. Meyers, we reviewed his opinion that the cottage would be sold to David C. Symons and the Radke Trust as well as the proration of costs. The itemized statement of attorney fees from Sturtz were not included. We didn't lay eyes on that until we were back in court the first part of the next year. At this point, all we had was David Meyer's report with figures provided by David Symons. You'd think he'd have taken the time (Mr. Meyer) to actually gather all the figures.

In the OBJECTIONS TO REPORT OF RECEIVER FOR CLOSING ON SALE OF REAL PROPERTY,

"Defendants disagree that the court had the authority to approve sale of the property to plaintiff's assigns because the purchase agreement executed by plaintiff stated in pertinent part:

'15. Assignment. Purchaser may not assign his right to purchase the Parcel under this Apreement.'

Under plain, clear, and unambiguous language of the purchase agreement, the plaintiff agreed that he could not assign his right to purchase the property under the agreement. The parties are bound to their agreement. The court may not make a new contract for the parties or change the intent of the parties to the contract."

(various rulings are referenced...)

more..."The purchase agreement makes no provision that plaintiff pay only two-thirds of the purchase price. The receiver is, in effect, modifying or reforming the purchase agreement without authority and is not adhering to the clear and unambiguouis terms of the purchase agreement."

"c. The closing expenses do not reflect the $575,000.00 sale price, the proration of the LC Association dues, the proration of the home owners insurance, the proration of association assessments. The request for additional attorneys fees in the amount of $37,311.00 that plaintiff provided to the receiver, was not provided to the defendants for their review. Defendants have been unable to review the proposed attorneys fees as to whether they are reasonable. This is prejudicial to the defendants.Plaintiff has not submitted the proposed additional attorneys fees to the court for approval or copied defendants. Plaintiff has not provided any documentation that he actually paid the attorneys fees, even though the receiver has deducted plaintiff's alleged unsupported payments from the calculations for the reimbursement of plaintiff's attorneys fees."

More legal mumbo jumbo. Boy there sure was a lot of that!!!! Our closing summation:

"WHEREFORE, defendants, Josephine S. Lee and Katrina Jenkins, object to the report of receiver for closing on sale of real property because the terms for the closing do not comport with the terms of the offer of purchase signed by plaintiff. The report authorizes plaintiff to assign his interest to the Reinhardt Radke Trust, which is expressly prohibited by the offer to purchase. Defendants request the court to enforce the terms of the offer to purchase and request the court to adjourn the hearing until plaintiff provides documentation to support his claim for reimbursement of attorneys fees." Dated December 30, 2008

Note the date. While this was going on, another motion had been filed preventing mother and I from using the cottage over Christmas. I'll share that story tomorrow. Clearly, the cottage had not yet been sold. Distribution of property had not been worked out yet. The receiver requested a detailed inventory and that hadn't been prepared as yet. Our plans to head north for Christmas remained unchanged as of Dec. 22, 2008.

26 comments:

Anonymous said...

Having filed motion after motion, he probably thought if you had to dole out all that money for motions that you would just "giveup" He had it all planned out 5 years ago. what else would he be doing sitting in his little home office? surely not selling anything. I'd hate to imagine what else he was doing. yuck!!!

Anonymous said...

Well stated by your attorney. How in the hell did the court ever allow that assignment?

Oh yeah, the Judge and Mr. Meyers were "close."

Anonymous said...

I applaud you guys for not allowing yourselves to be steamrolled by your Uncle Slymie and his thug attorney.

And given Mr. Meyers and Slymie's bromance, and the Judge's either collusion with it, or ineptitude, it was just a losing battle.

Anonymous said...

You still have to remember that the Judge and Meyer used to partners in a legal firm......and if you can believe this they are co owners of a sailboat......probabaly sailing together right now....

The judge does not want anything appealed or his decesions overturned he is looking to get kicked up to a higher court in the future.......he does not want any black eyes on his record......

I don't know the relationship of Meyer and the Judge is deemed legal.....but it is.......total horse manure in my book........

Anonymous said...

slymie probaly had it planned out what was going to happen. He had plenty of time to go over everything. Planning it out with Henry Degeus. Also giving you time to grieve after the death of charley Lee. The only thing he(slymons) didn't plan on was your appeals and for him to dish out money. He thought it was going to be paid for by the defendants. I hope going back to court you get back what is rightfully yours. I also hope he has to pay the transfer fee. Just wait until bonnie gets her time at the cottage. They'll be in for a huge surprise when they find out they have been scammed

Anonymous said...

Meyers and the Judge were partners in a legal firm and co-own a sail boat togther!

Hmmm. Wonder what else they do together?

Would be interesting to find out how much other court business Mr. Meyer's receives through his cozy relationship with the Judge.

Anonymous said...

Couldn't Slymie have sold his condo to raise the $$$ to hijack your cottage without having to involve Carol's sister and brother in law?

Anonymous said...

I doubt at the time he'd be able to sell the condo..probably can't right now either. The market's a bit slow up here. At the time the Radke Trust came onto the scene the whole market had taken a HUGE plunge.

Anonymous said...

"At the time the Radke Trust came onto the scene the whole market had taken a HUGE plunge."

Got it. So he was pretty desperate or the whole caper could have unraveled.

Anonymous said...

"How to Fleece the Family Cottage during a Recession" by David C. Slymons

Anonymous said...

"How to Fleece the Family Cottage during a Recession" by David C. Slymons

"How to make enemies while bringing the family name down" By
Davey "scumbag" Slymons

Anonymous said...

How about calling the book on the family cottage.....

"Idiots guide to ripping off your only living sister".......or "Idiots guide to punkin out all of your relatives"

Slymie will have to explain his lack of family commitment when he makes his maker.......oh my!!!!

Anonymous said...

The beagle has landed

Anonymous said...

"The beagle has landed"

No way! The troll has descended upon camp?

Anonymous said...

You should have seen the dumbfounded smirk on his fat face when he saw the lee's/jenkins. Wish I had a camera

Anonymous said...

Y'all need to start getting us some photos! One pic is worth a thousand word-only blog posts!

Anonymous said...

Awkward! Didn't think that troll would have the nerve to show up when the Lees were there.

Poor Josephine-- must be hard to see Judas around camp.

Anonymous said...

Oh my.........the beagle has landed......

Anonymous said...

and I thought we were going to have a nice weekend. oh wait we are

Anonymous said...

Oh no....I think I just saw Slymie gazing at the Cox/Pletcher cottage.....maybe he is calling Attorney Skirtie right now so he can get the law to run his sister and relatives out of that cottage too......no tellin what Slymie's next evil deed will be.......

Is there a defibrillator in the DH....Slymie will need it.

Anonymous said...

JUDAS GO HOME!

Anonymous said...

Please let us know what the Saturday dinner at the DH was like with Slymie in the house!

Joey said...

We had a lovely party... got to the DH when the "other" party was leaving. It's great, we can't see anyone from where we are staying. At the DH.. we can see everyone. It's quiet down at their end....

Anonymous said...

Did you guys pass him on the path? Eeek. Did he at least have the courtesy to say good evening?

Anonymous said...

I stole a cottage
And I liked it
The taste of her pine needle chapstick

I Stole a cottage
And I liked it
Hope my sister don't mind it.

I stole a cottage
Just to try it
then I forced the inlaws
To buy it

It felt so wrong
It felt so right
Don't mean I'm
A slymeball 2nite.

Anonymous said...

Katy Perry would be so proud!