James P. De Ocampo and Marla L. De Ocampo - Page 3

                                         -3-                                          
          obtaining a mortgage.  Petitioners' real estate agent suggested Mr.         
          De Ocampo's mother, Rosita De Ocampo, and father, the late                  
          Felicismo De Ocampo, purchase the Montclair property because they           
          had a better credit rating than petitioners and could obtain a              
          mortgage on more favorable terms.                                           
               On December 2, 1989, Mr. De Ocampo's parents signed a deposit-         
          receipt and purchase contract for the purchase of the Montclair             
          property for $300,000.  The contract provided that Mr. De Ocampo's          
          parents were purchasing the property for their own account, and             
          that the contract was subject to the termination of the agreement           
          signed by seller and petitioners on October 14, 1989.                       
               Mr. De Ocampo's parents obtained a loan from Home Savings of           
          America (Home Savings) to finance the purchase of the Montclair             
          property. Petitioners and Mr. De Ocampo's parents agreed that               
          petitioners would live in the Montclair property and pay all                
          mortgage, insurance, property tax, and utility bills for the                
          residence.  However, there was no written agreement to that effect,         
          and none of the documentation involving Home Savings, the seller,           
          or any other party indicated that Mr. De Ocampo's parents purchased         
          the Montclair  property  on  behalf  of  petitioners,  or  that             
          petitioners were the owners of the property.                                
               Loan statements and property tax bills were mailed to Mr. De           
          Ocampo's parents.  When a bill arrived in the mail, Mr. De Ocampo's         
          mother would telephone petitioners, and they would stop at the              
          residence of Mr. De Ocampo's parents to obtain the bill.  When              




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011