Wednesday, October 19, 2005

wednesday
go thru mail. - partly
respond to securatex. - first draft
write lindy
talk to jeri
pushups - tuesday - zero. weds 0
call title company. - done

thursday - draft disc commish letter.

someday: clean hotmail inbox.
clean room.
pack.

Wednesday, October 12, 2005

227 taxes problem
securatex problem
statute problem
court 13 problem
bmv issue
remaining case - signs.


227 taxes problem

** draft do not send. removie before sending.**

My client Robbin Stewart owns 227 N Temple, parcel #@.
He purchased the property for $17500 and has it listed for sale at $30,000.
The property was reassessed at $56000. Stewart filed a challenge to the reassessment.
The center township assessor offered $30,000 as a compromise figure.
Stewart accepted the offer, by going to the center township assessor's office in the city county building, and signing the paper.
Upon entering the building he was subjected to an unwarranted search.
After Stewart signed the document, accepting the county's offer of $30,000,
the assessor became enraged and yelled at Stewart for 4 minutes. He then attempted to revoke the offer. It was, by then, too late. The contract had formed by Stewart's signing the document.
The assessor then called sheriffs deputies who demanded he leave the building, and escorted hin out, and told hin he could not return that day.
The city/county is in breach of the contract.
It is continuing to tax him based on an assessemnt of $56,000 instead of $30,000.

He seeks an accounting.
He has retained me to, if needed, file suit to recover the oxer-taxation attributable to the breach of contract,
to sue for violation of his rights under article 1 section 11 of the indiana constitution, for his unlawfully being expelled from the building, and
for the violations of his rights under article 1 section 11 for the unwarranted search in order to enter the building,
and, under 42 USC 1983, for violation of procedual and substantive due process.

I suggest you accept the $30,000 figure and issue a refund based on that figure.
The alternative might be costly litigation.
I would remind you that Mr Stewart has previously been successful in litigation against the county, as has the other resident of 225-227 N Temple, Joell Palmer,who was a plaintiff in Edmondson v Indianapolis, _US _ (2000).
We would prefer to settle this amicably.
Cordially
@ sig block.








securatex problem
statute problem
court 13 problem
bmv issue
remaining case - signs.

Wednesday, October 05, 2005

wednesday:
didn't get anything done.
2 loads laundry.
20 pushups (0 last two days)
an email, a phone call.
mostly i've been watching porn - a friend loaned me her password.
one of my blog posts on the Miers nomination got picked up by catallarchy, which was pretty cool. About 30 people read my blog on a typical day. 7000 total hits over a few months.

Monday, October 03, 2005

dtl monday

1 deed 1pm
2 deposit check
3 storage
4 car
5 write
6 if 1-5, to the club.

dtl teusday
laundry
call chris
write

wednesday
get tax preparer
client letter

Saturday, October 01, 2005

income: 355 oil check. that makes about $900 this month!
227 gas bill $10.
pushups: yesterday: 10 today 135
sorted clothes, swept floor, did a few dishes. dtl goals? mostly writing stuff, outlining stuff.
what i did instead:
cleaned my bedroom for a few hours. watched bikes get fixed.pipe leak and sink fixed.

storage unit!
fix car?
email madison, not done
lindy. done
clean 227.

monday: bank.
someday: go over bank statement.
throw out a trashcan full of junk. part done
take computers and stuff next door.
jewelry doctor. 899-5362
tow truck guy $2600 AAA CJ Hargett
lonnie situation.
client letter.
find out about don victor auto body carmel from sec state.
send chuck release of records form



Dear Ms. Stewart,
My realtor noticed that the title to 47 S Gray still shows as being in my name.
I enclose the info. Perhaps we need to rerecord? Also the assessors office sent a tax statement, which I have misplaced. I think this is something you can handle without needing me, but if you need me to sign anything or do anything I'm happy to.

I may be in the market for a quiet title action at some point. I got the impression that's something you do. Could you give me an estimate what that would run?

Cordially, Robbin Stewart.

Mr. Bob Parker:
(look up address)

Hello. I own some properties on Bloyd and Winter Sts, in an area south of the 23rd & Keystone industrial park. I know you do or have owned some properties around there. I am looking to sell, and am highly motivated. Do you have any interest in these?

sig.

2005 financial statement:
income:
texas oil: 6K + 5K, more or less. - taxable. 11K!
look it up at http://www.oxyroyalty.com
joell $3300
sale of lots:

marlowe $1000
gray $2900
hawthorne2900
winthrop 2500
[ingram] 500
=============
9,800!

2006:
20th 2500
roosevelt 1000

outgo:
250 x 12= 3000 rent minus about $600 from them.
utilities: $100/mo + cable $50/mo = 1800
car - 1000
227 taxes 1100

can write off properties sold at tax sale?

joell, here's a rough draft of the leeter i owe you re the chris situation. I don't expect a response for several weeks because you are traveling, it's more about my keeping up on things.
you have a right of first refusal as to 225/277 n temple, so i won't sell it to anybody else without making you the same offer first.
so below i outline the offer i made to chris. i think, once you review it, that you'll find it's not what you want. but if it is, we can do it.

Offer to chris:
I will sell him the house at $30,000 at 10%, $600 down, $300/mo.
That gives him the right to live in his half, while i continue to rent to you on your half. Once he pays it off, he gets both halves. He would intend to rent to you if you were still there.
Receipts for repairs would count toward the monthly payment, but not toward the capital of $30,000.
We did not specifically discuss taxes and insurance, but traditionally those are the responsibility of the buyer - taxes run around $600, and we would split them 1/2 and 1/2. I just paid $1111.27 in taxes yesterday to get us caught up.
I don't have an amortization table handy, but you can see that with payments of $300, at 30K at 10%, he'd be a long time paying it off. 30 years? I don't know. You do the math.
Neither chris or I has any interest in interfering with your continued occupancy.
I am making you the same offer I made him, out of fairness to you, but please understand it's a worse deal for me:
if i sell to chris i have income from him and income from you.
if i sell to you on the same terms, i have income from you and an empty hole.
Based on what we know about chris, it would be a good place for him to live, but he's unlikely to stay 30 years and pay it off.
That's the general idea of what's goin on.
The offer to chris was tentative - he has to ask his wife, and he was drunk.
But it might work out.
Alternatively, I had met with my realtor right before you came over. We are working on moving my lots - sales have been really good lately. We decided to wait before listing the house until we hear from chris. But i've been planning, ever since i went to jail, to find a realtor and list it for around $30, $32K.
I'm not sure it would sell at that price, so after 6 months or a year I might have ended up taking your offer for $20k, if that still stands?
I have next to me an example of a written offer, I'll make you a copy.
I know you made me one offer that I turned down, I'll review that later to remmber why it didn't work for me.
I bought the house 9 years ago, paying $20K (17.5 +2,600 later + some repairs and water bills etc.) at an auction with the idea that i could hold it as a rental for awhile then sell it for $30K. It didn't work out quite like I planned, but more or less.
I would like to dump it now so I can have less baggage when I move. By "now" I mean within a year. But I don't feel a lot of pressure - the lot sales have been going better than ever before.
outgo: gas bill $100 (for about 3 months)
taxes: $1112
income: $270 joell.
joell wants a letter re rent to buy.
$530? $500 soemthing texas oil check.
so that's
1212
- 800
=====
412.
yesterday: $9 bicycle.
today: $3.50 drink, air.

future:
i can get the overbid for 801 e 20th, about $2500.
I have to wait till a deed is filed then fill out some forms.
so the tax sale can actually be a benefit.
did:
wrote letter to jack cottey at securatex.
met with greg about properties, got a list, went over pros and cons.
need to: mail elizabeth stewart title info re 47 s gray.
ask about quiet title action.
talked w mike neighbor about dan's honda, $200-$300?
maybe trade for transmission work?

didn't: pushups.
find out about preexisting liens.
do any of the main writing projects.
to do: call or write lindy.
outline letter to mom.
make better list.
cle
irs
disc commish
suit against channel 6
suit against cca.
taylor v taylor
majors v abell
outline amicuses for vermont and wisconsin cases?
update blog entry on washingtonm state chamber of commerce case in light of recent decision
check up on status of nevada aclu v heller
something about california?
any fec stuff? request leo smith file.