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allison
newbie


Reged: 09/24/05
Posts: 44
Loc: So Cal
Re: HELP! Heres a funny drama for you! Enjoy.... [Re: Spring]
      #34491 - 09/30/05 10:19 PM

u r so sweet....OK, so....last year, his father offered to send me and my older son (not his) on a vacation and leave the baby (two at the time) home (remember this is an Iranian family). He said I could go anywhere in the world I wanted to....as tempting as that was...there was no way I was going to leave the little one....i talked to a neighbor (good friend) who said dont dare leave town without the baby and talk to a lawyer, your getting set up....

Well I wasn't ready to believe that, but I did talk to a lawyer, and she billed me...I wrote a check and (I get all the mail) instead of cashing it, she ran it thru automaticly like a debit. So when we got the statement my husband realized I had consulted a lawyer. It posted her name to the statement, like Law Offices of Lame-Ass. So my husband new and new who....

So a couple months later, things were not good so he agreed to stay with freinds or family for a couple months. But then he did nothing about it , was out all hours of the night, acting wierd, forcing s*x alot more than usual, and then started moving his stuff out...but wouldnt talk about it...without details, unless your interested, I think that attorney was involved, and no Im not paranoid....she called me - out of the blue - and said - hey your husband filed charges against you yesterday (how did she know....the court website here in san diego takes more than 24 hours to post new filings) - so after she told me to get into her office and give her a check for $5,000 so she could protect me, I was removed from my home in front of my kids two hours later.

We went ex-parte and the judge allowed me back in the home -that nite human fecal matter was thrown all over my garage and driveway.....gross! Since then my cars and home are constantly vandalized.

According to my husbands declarations, apparently I suffer from an mysterious mental illness he calls "borderline multiple personality disorder" and I beat, scratch, punch and kick him every weekend. I self mutilate in front of the children who I am going to steal and take to south east asia....no it gets better....Ive had 6 differnet psychiatrists and refuse to take my "phych meds" - OH, and I call him racial slurs I couldn't even have imagined like "camel-toe jockey and iranian sheep f**ker" (I especially like that one!) One thing is for sure, if any of this is true I must also suffer from complete memmory loss....ha ha ha
I am laughing so hard right now as I hope u r. What is especially delightful is his bio, Born in OK, lived in Tehran until age 8, but claims not to be Iranian, only "visited there as a child" for, what, 6 years? and I'M the flight risk!?!

His Bio-dad still lives there, bi-polar double doctorate in of all things phychiatry and pathology....but whats better is he owns 7 count them 7 guns, inlcuding an AR-15 assault rifle, and tested positive for cocaine use...leather chapin Harley rider with a pointy gotee and big ol chops (of course shaved and now wears Rodeo Drive shoes and an Omega watch to court even tho' he only makes $20k per year as a "plumber" - was an engineering manager when we were married clearing 6x that a year....any ho - I have photos of him going to Sturgis all tatted and leathered and a business Card that has a photo of him with devil horns that simply says "you have recieved the El Diablo death card"......poor 210 lb Iranian terrorist is afraid of surfer, distance runner 115 lb suburban CA girl me......my problem is my smart-alec (sp?) tough and my "superior vocabulary skills" which, in this case, means higher than 2nd grade, comparatively

Sorry - its friday nite, no water - my hair smells (I tried to wash it but using the neigbors hose - how trajic is that!!!!! And some guy tried to stick a "for sale sign in the landscaping I paid for, and I told him to show me a court order or get lost - he was really nice and said sounds great to me, less work on a friday nite when Id rather have a beer (if I had one I would have offered it to him) This is better than any sitcom on tonite - I will definitely keep you posted - and yes, send some rain, but only my back yard - my front yard is blooming like spring (as is my neighbors) thanks to the leak in my plumbing for the last month or so!!! Have a great weekend - Im going surfing! Ha!

--------------------
Its always darkest just before it goes pitch black" - www.despair.com


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Pete
member
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Reged: 12/30/04
Posts: 132
Re: HELP! Heres a funny drama for you! Enjoy.... [Re: Spring]
      #34594 - 10/01/05 07:25 PM

I would think using your interest in the home as a down payment makes it a tough deal. First of all you only recieve your interest in the home upon sale, therefore if your interest in the home is 180K, then 180K cannot count as a "down payment" because it technically does not exist. You must show cash/financing of 520K to purchase for 520K. You can't "buy" it for 520K and only finance 340K because the legal contract would not be satisfied on the grounds that your 180K is already "down".

However, I may be mistaken, as I am sure there is a way around this. But as matter of law, if you place conditions on the sale, the seller can in fact refuse to sell.

--------------------
Integrity is doing the right thing when no one is looking.


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allison
newbie


Reged: 09/24/05
Posts: 44
Loc: So Cal
Re: HELP! Heres a funny drama for you! Enjoy.... [Re: Pete]
      #34615 - 10/01/05 08:53 PM

Thanks so much for your comments

Its a really weird situation - the judge says, "someone buy the home for $520.00" So I offer a buy out and H says "no". (its wierd too cuz all along, letters from his attorney about how they want the buy-out, but then we ask and they say no...no reason given)- so judge says," list the home, I dont care who buys it, (my) father , joe blow, I dont care if its a straw deal...So my dad offers to buy the home for $520 and H says no. He just doesnt want me to end up with the home, even if I pay for it...

The lender found two loans that will fund the full amount of the list price using my intrest as a down payment, as I said before. Close of escrow the proceeds get distrubuted so H gets 1/2 and I get 1/2 - were just doing it on the front end. The financing is in place and the loan ready to fund. We accomplish the sale with my father on title and a quick claim removing H and putting me as co-owner.

I talked with a real estate lawyer and he said - that the judge has jurisdiction to rule that the house be bought in this manner.

What is really happening is my H will realize his interest upon the loan funding - but the court will likely hold it. He's forcing the home proir to discovery and settlement, the home sale is quite premature.

The deal ends up basically still a "buy-out" but my understanding is that here in CA - if both parties dont agree to the buy-out, the judge cant compel it -

He CAN, however, compel the sale of the home -

What the lawyer also stated was that it is usual for a judge ruling in favor of this will often order the home not be sold prior to settlement of the case. That way - if the person who bought it - whos intrest is "locked" into the home ends up owing the other party, atty fees etc - the judge can order the home sold for that purpose....

I have no problem with that - I am stuggling to understand why I can be forced from my home when we dont even have discovery on his income, vocational ability to earn what he was during the marriage, etc. I stayed home at his request and dont have much ability to afford any rental housing in this area, nor credit left to secure a place (I have 2 kids, one with H who is just 4 and never been in day care) It takes a little time to get your life in order when you've been out of the workforce for 8 years. Im in a really good paralegal school, so I'll do fine once I can get my bearings, but independence doesnt happen overnight.

I hope the judge sees it that way - the whole thing seems so unreasonable....but this is CA Family Law - anything goes it seems

--------------------
Its always darkest just before it goes pitch black" - www.despair.com


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Spring
Carpal \'Tunnel
**

Reged: 06/02/04
Posts: 7972
Re: HELP! Heres a funny drama for you! Enjoy.... [Re: Pete]
      #34645 - 10/02/05 01:02 AM

Actually it happens regularly in similar types of transactions. Your intrest can and will count once the home is appraised. Your equity can be used as the "down payment", the difference is then financed based on the loan to value ratio, your qualifying income etc. The purchase price is still "$520k" and the ex's interest(and all other financial encumbrances) is then paid out but the buyers is not. Any way you slice it, the ex walks away with his interest paid out...

Now, I guess being that this is a family law matter...who knows...but normally, its not a problem.

Allison, is your interest to be held in the courts as well? If your interest would be held, then I can see why this won't work.


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Spring
Carpal \'Tunnel
**

Reged: 06/02/04
Posts: 7972
Re: HELP! Heres a funny drama for you! Enjoy.... [Re: allison]
      #34646 - 10/02/05 01:03 AM

Yowsa, your ex sounds like my hubby's ex! Crazy story!!

How's the water situation? All fixed yet?

--------------------
Never consider the possibility of failure; as long as you persist, you will be successful.


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allison
newbie


Reged: 09/24/05
Posts: 44
Loc: So Cal
Re: HELP! Heres a funny drama for you! Enjoy.... [Re: Spring]
      #34712 - 10/02/05 08:33 PM

To respond to both - I think u'r right - A)he's totally nuts and B)He is going to get the interest....we had an appraisal and the guy said the listing price (typical in the area) is $535.00 - but the average price of the sale of these homes is $517.00 - and are sitting on the market for 30 -90 days.

The appraiser also noted that there was deferred maintainence which needed correction - I got quotes from contractors and he noted most of them - Funny thing is, prior to the appraisal, the judge already set the "listing" price at $520.00 - I never agreed to that but my H did!

At the same time judge set the listing price, he said (looking at me) "maa'm, I understand no one wants to pay full price for a property with significant defects, which - by law - should be disclosed."

I have another story for you that is super cool and may help but would rather send it personally to u than post it....anonymity is imporant to me....Im new to this site so dont know how to do that - its just that I think I made some enemies on the mens forum and there are some things that may disclose my true identity that i would rather not...

So about my water, I was walking down my street, having enrolled my four year old in Kindergarten - cuz its better than 45 hours a week at grandmas, his, against the court order.....and ran into a guy who ended up spending his saturday morning fixing my mainline - totally cool mexican guy, I gave him extra "beer money" (as he called it) - so at least I have water - cold albiet, cuz my waterheater busted a month ago - but at least Im not washing my dishes in what the kids have come to know as a "cowboy bath"! I have to make it seem really cool that they are bathing in a sun heated tin tub outside and not in a regular upper class "bathtub".

I am so not W/T - raised in a upper class so. cal. beach community, view of the ocean, custom 1/2 acre home - but - well - some of us are fortunate enought to escape the fate of the trust-fundees we were raised with - hahahah!

I dont know how to send a personal message but if you do - let me know - so I can fill you in on a latest - sortof godsent development - which happened on Saturday....

I know its a drama - I told my "friend" (who I will fill you in on personally, if I can) on Saturday that, if this wasnt my case, I would write a book - or at least a sitdrom (sitcom/drama) - which my layer is working on based on my case and one other he had - totally over the top!

Another story for another day, but it involves.....just to tempt you, (and Ive been in court during the trial so I know he's telling the truth) a persian guy who picked up a coke-addicted hooker in canada and then got the "services" he paid for in the back seat of her car while her 8 year old son was in the front seat and then married her and is now fighting for custody of their child!~ WHOA! and you thot mine was drama! Ha!

--------------------
Its always darkest just before it goes pitch black" - www.despair.com


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Spring
Carpal \'Tunnel
**

Reged: 06/02/04
Posts: 7972
Re: HELP! Heres a funny drama for you! Enjoy.... [Re: allison]
      #34818 - 10/03/05 01:23 PM

Wowsa...I don't need to pick up any new books...lol...I can just read your posts!! I'll try and send you a PM from here...if it works, you'll just need to "reply" and we're all set!!

--------------------
Never consider the possibility of failure; as long as you persist, you will be successful.


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allison
newbie


Reged: 09/24/05
Posts: 44
Loc: So Cal
Re: HELP! Heres a funny drama for you! Enjoy.... [Re: Spring]
      #35261 - 10/05/05 01:30 PM

Any one interested...

So the judge said - A) the home is for sale,it needs to remain in the MLS as such and ordered specific showing times...so I have to hang around and make my home available for people to tromp thru - but B) In the same sentence he said there was no valid reason for the rejection of the purchase offer my father made....that he wants the children (first time he even aknowledged that there are 2 children affected by this and not just the one of the marriage) stable. So my H was ordered to submit - in writing - the basis for the refusal which was contended as a "discount offer" due to my request for a $2,500 carpet allowance, as any buyer would request...we're talking about more than $500k for the home and they are contesting the offer on the grounds of a carpet allowance....he's spent more money arguing about it than that!

--------------------
Its always darkest just before it goes pitch black" - www.despair.com


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