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have stipulated the following with respect to payment of the
purchase price:
10. Pursuant to the * * * [sale contract],
$5,000.00 in cash was given to Thomas Archer, a real
estate broker and husband of Sandra L. Archer, to
hold in an escrow account.
11. On December 23, 1993, an additional
$9,000.00 was paid to Sandra L. Archer via a
cashier’s check purchased by Mr. John K. Richards.
Mr. Niles, the broker who represented Steven, wrote a
letter to respondent’s counsel in this case. That letter, dated
January 18, 1999, is headed “STATEMENT OF FACTS”, and, among
other things, it states:
I HAD SANDRA ARCHER SIGN CONTRACT ON OCT. 25, 1993
AS THE SELLER AND MR. AND MRS. VAN AERNAM SIGNED THE
FOLLOWING DAY, OCT. 26, 1993 AS THE BUYERS. AT THAT
TIME MR. VAN AERNAM WENT TO MRS. VAN AERNAM WHO WAS
THEN RESIDING AT A SEPARATE RESIDENCE. WE OBTAINED
THE DEPOSIT IN CASH FROM HER AND SHE SIGNED CONTRACT
AND INITIALED CHANGES MADE IN THE CONTRACTUAL TERMS
ON THE CONTRACT. WE THEN LEFT WITH THE DEPOSIT AND
IT WAS DELIVERED TO TOM ARCHER’S ESCROW ACCOUNT WHO
IS A BROKER AND HUSBAND OF THE SELLER.
On May 13, 1994, Steven was arrested and charged with
trafficking in cocaine, possession of cannabis over 20 grams
(together, the drug charges), and the unlawful possession of a
firearm by a convicted felon.
There are in evidence copies of two papers purporting to
convey the property from Ms. Archer: The first is entitled “Quit
Claim Deed” (the first quitclaim deed), executed on May 21, 1994,
and conveying the property to petitioner. The second is entitled
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