- 8 - 1991. John, meanwhile, asserted ownership. He asked Sid to return the property to him. At first Sid refused to deed the property back to John. Larry had not explained to Sid either the Westlake Agreement or the buy-out arrangement, and furthermore Sid's attorney advised him against deeding the property to John since both the I.R.S. and the Sacramento Sheriff's Office were making inquiries. But then John wrote Sid a letter on September 27, 1991, the pertinent part of which provides: Your Brother and I were involved in a 32 lot subdivision. He was asked to sign a Recession Contract eliminating him from the limited partnership. He wanted some temporary collat[e]ral to guarantee his purported, Westlake Venture capital and profit. He agreed upon 7786 Chancery Court. However, because of his "[e]stranged situation", with Patty Buchannon and possible "palimony" problem, I refused to deed it to him, so we agreed to deed it to you Sid. Sid, it's time to deed it back." * * * The letter further explains that John had made the mortgage payments for 5 years. Shortly thereafter, on October 17, 1991, Sid deeded the property to John. John's efforts, however, proved futile. Jack Rice foreclosed on Chancery Court and sold it for $78,000 on November 21, 1991. John's desire to avoid the acceleration clause in the Jack Rice mortgage produced evidence that petitioners continued to be owners of Chancery Court after they executed the Exchange Agreement. Jack Rice issued a Form 1098 listing petitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011