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against condominiums allegedly owned by petitioner in New Jersey
and were still pending and that a request for a nominee NFTL with
respect to the Claremore property had not been completed.
On December 11, 2001, Mr. Baustert submitted a memorandum
requesting authorization to file a nominee NFTL against the
Claremore property to the Office of District Counsel in Oklahoma
City, Oklahoma (Counsel). The memorandum request was sent
through Dale Spannagel, group manager. In the memorandum, Mr.
Baustert outlined the facts that formed the basis for his belief
that petitioner was the equitable owner of the Claremore
property: (1) No mortgage was recorded when the Claremore
property was ostensibly purchased by Alice Criner, indicating a
cash purchase; (2) petitioner had a long history of placing real
and personal property in nominee names of his family members and
the Wesley Brown Society; (3) on April 26, 1990, petitioner’s ex-
wife recorded a quitclaim deed divesting herself of any interest
that she had in the Claremore property; (4) Rogers County
Treasurer’s records indicate that petitioner, his wife, and their
children have paid the ad valorem property taxes on the Claremore
property; and (5) petitioner claimed to have “an arrangement”
with his siblings to watch after the home, but he did not produce
any affidavits from them when asked to do so by the revenue
officer. The memorandum also noted that the Claremore property
was listed for sale with Peck Realty for an asking price of
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