-11- On October 5, 1988, petitioners, Shumin, and IEC executed a document entitled "Acquisition of Exchange Property Instructions" that designated 29 Hastings as the exchange property for the Detroit properties and the 8th Street property. IEC agreed to purchase 29 Hastings for $540,000. Escrow closed for Shumin's purchase of 29 Hastings on October 21, 1988. The proceeds from Shumin's $356,200 Home Savings of America loan were remitted to Standard Pacific. On December 15, 1988, escrow closed on Shumin's sale of 29 Hastings to petitioners (through IEC), and she received $180,094 from Merrill Lynch Escrow. Petitioners assumed the Home Savings of America loan on 29 Hastings. The proceeds from the sales of the Detroit properties and the 8th Street property resulted in a balance of approximately $219,516.78 in petitioners' escrow account. Approximately $184,000 of these funds was needed for the purchase of 29 Hastings. Instead of receiving the excess proceeds from the escrow, petitioners, under the terms of the exchange agreement, deposited the excess proceeds to be used to pay down the mortgage they assumed on 29 Hastings. On December 21, 1988, Home Savings of America received $36,335.11 from Merrill Lynch Escrow on behalf of petitioners to be applied to reduce the mortgage on 29 Hastings. Home Savings of America confirmed, in a letter to petitioners dated February 1, 1989, that petitioners' December 20, 1988, payment was received on December 21, 1988, and was applied to thePage: 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