So here's the most recent email chain regarding my earnest money. I'll have to post my reply to him later...
To: cbrenden@windermere.com
09/28/2007 03:21
Subject: Small Claims Court - Serving Documents for Djulabic on Glencory
Hello Carl -
As suggested, here are the scanned documents for small claims court for the
earnest money related to the property on Glencory. By law, these need to be
served to Alexsandar and Wan in person. I understand that they are in
Germany now and Germany does not allow court papers to be served via the
mail system so if you can obtain of physical address I will have the US
embassy in Germany serve the papers directly to them.
[attached PDF]
Regards,
Malia Rebolledo-Smith
******************************************************
From: j.malia.rebolledo-smith@us.hsbc.com
Sent: Tuesday, October 09, 2007 5:26 PM
To: cbrenden@windermere.com
Subject: Small Claims Court - Serving Documents for Djulabic on Glencory
Hello Carl -
I haven't heard back from you and wondered if you had a moment to talk. It
seems that things are being made harder than they need to be because of some
assumptions that are being made.
Correct me if I'm wrong, but are you and your clients pushing for this
earnest money because you think that I some how screwed up my credit right
before the closing date? Star mentioned that you guys think it's my fault
for "purchasing a car", thus falling through on the mortgage loan.
Just to clear things up so you, and hopefully your clients, know how my end
of the deal went.
Prior to putting an offer on the place on Glencory I obtained a pre-approval
through Alpine Mortgage. My credit was pulled, with 2 cars loans on it
(one's mine and one's my husbands) and various other small things. As I'm
sure you are quite aware of, the mortgage industry collapsed about 2 weeks
prior to the initial closing date on the house. I have scores of emails from
various lenders trying to secure a loan. My pre-approval status changed as
the days went on. First I was told to have any small debt paid off. Done. A
few days later I was told that I needed to reduce a car payment. I sold my
Acura RSX and traded it in for a VW Rabbit, cutting my payment drastically.
A few days later I was told that I needed to remove a car payment in full. I
sold my VW Rabbit to my mother to get the loan out of my name. Then I was
told a few days later that I couldn't have any cars in my name and here's
where things get difficult...
I got married July 7th, 2007. While on our honeymoon my husband's car was
stolen. The car was recovered and totalled. To this date I have not received
settlement from my insurance provider. So you see, it's impossible to get
that second car out of my name. I can't sell it. I can't drive it.
All I can do is make payments on it until insurance kicks in.
I was told from 3 different mortgage brokers that if I didn't get that
stolen car off my credit report that I wouldn't qualify for the house. I
wouldn't qualify unless I put an additional $35,000 as a down-payment. I
already took out a loan from my family to buy my car... there's no more
money left to borrow.
So, as you can see I've jumped through hoops to qualify for the house on
Glencory. Me and my husband planned on starting our new lives in that house,
having kids, etc. Now we're forced to live at my in-laws without a home,
sleeping on bunk-beds because of all of mess. Not quite the start of a new
married life I was hoping for.
Your clients have a right to be disappointed in the failed sale. That's why
I offered the $500 to cover the removal of the satellite dish. We put in an
extension on the closing date so that we would avoid Jan and Alek from
moving out before they had to.
Try looking at it from my point of view. That house was supposed to be the
start of my new married life. I did everything possible to qualify for that
loan and in the end it just wasn't possible.
If you could pass this on to your clients it would be greatly appreciated.
From your message to Star it seems as if Jan and Alek haven't gotten the
scanned documents I sent you in September. If they weren't passed on, why
did you have me send them to you?
Thanks for your time.
Malia Rebolledo-Smith
******************************************************
From: Star Taylor
Sent: Wednesday, October 10, 2007 5:26 PM
To: Malia Smith
Subject: FW: Small Claims Court - Serving Documents for Djulabic on Glencory
Hello Malia,
Here's an email I got from Carl Brendan. Our legal counsel has been out of
town for a few days and will be back in tomorrow. I will ask her for advice.
Thanks, Star
-----Original Message-----
From: Carl Brenden [mailto:cbrenden@windermere.com]
Sent: Wednesday, October 10, 2007 2:53 PM
To: 'Star Taylor'
Subject: FW: Small Claims Court - Serving Documents for Djulabic on Glencory
Hi Star,
I thought perhaps you should know about this email I received from Jennifer
Smith. I have not, nor do I intend to, respond to her. She should probably
be made aware that I represent the sellers and am acting on their behalf,
and that any communications should go through either you or the title
company--not me.
Her inference that I was to pass the Small Claims paperwork on to the
sellers is incorrect--we merely wanted a copy for our file here at
Windermere. Her email that accompanied that paperwork stated that she would
have the US Embassy in Germany serve the papers.
Also, her claim that she and her husband are without a home, living with her
in-laws, and sleeping in bunk beds seems misleading--after all, she just
closed on the purchase of a home at 1410 NW 7th Avenue in Hillsboro.
Once again, my sellers are willing to settle for $1500.00
Carl Brenden, Principal Broker
Windermere/Cronin & Caplan Realty Group, Inc.
503-497-5137 Direct
cbrenden@windermere.com
www.carlbrenden.com
Jeff Berrier, Licensed Assistant
Kat Trout, Office Assistant