Здесь копии сообщений в которых заменены имена адр(Below are the exact copies of the messages (with replaced subject and sender/recipient names.)
to: 07, Ace cc: King, 09, 08, Queen date: Jan 16, 2020, 11:32 AM subject: Far-Far Away - URGENT PLEASE RESPOND ASAP mailed-by: firstam.com signed-by: firstam.com security: Standard encryption (TLS) Learn more : Important according to Google magic. On Thu, Jan 16, 2020, 8:32 PM Jack wrote: Hi 07 and Ace, I needed to reach out because at this point in time we have conflicting instructions. 07 is instructing me to wire all proceeds to his personal account. I then received an email from Ace stating ; of the proceeds need to be wired to him/her. Late yesterday afternoon I was provided a dissolution of marriage. I had underwriting review the order. Per underwriting, unfortunately since this is a dissolution of marriage and not an official court order we cannot close escrow unless and until you both provide me with mutually agreed upon instructions as to how much each of you are to receive from the proceeds. I need to remind you that the POA signed by Ace is only good for 90 days which expires January 21st (Tuesday) We are scheduled to close escrow tomorrow. If we can get this worked out today that would be ideal, otherwise it has to be tomorrow otherwise the POA will expire and we cannot close escrow as Monday is a holiday. Please advise ASAP Jack Escrow Officer **Be aware! Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS call your escrow officer immediately to verify the information prior to sending funds.** This message may contain confidential or proprietary information intended only for the use of the addressee(s) named above or may contain information that is legally privileged. If you are not the intended addressee, or the person responsible for delivering it to the intended addressee, you are hereby notified that reading, disseminating, distributing or copying this message is strictly prohibited. If you have received this message by mistake, please immediately notify us by replying to the message and delete the original message and any copies immediately thereafter. If you received this email as a commercial message and would like to opt out of future commercial messages, please let us know and we will remove you from our distribution list. Thank you.~ FAFLD From: Ace Sent: Thursday, January 16, 2020 1:54 PM To: Jack Cc: 07; King, 09, 08, Queen Subject: Re: Far-Far Away - URGENT PLEASE RESPOND ASAP Hello, I stand by my previous instructions. We own 50 % of the house, therefor the proceeds should be divided equally. Which is logical. Sincerely, Ace From: Jack Sent: Thursday, January 16, 2020 5:53 PM To: Ace Cc: 07, King, 09, 08, Queen Subject: fa-secured Re: Far-Far Away - URGENT PLEASE RESPOND ASAP Hi all. I spoke to an underwriting supervisor. Anytime we are instructed to disburse funds to an individual owner rather than all vested owners, we have to have all parties acknowledge disbursement instructions to be sure everyone agrees on where the money is going. I have attached the seller’s estimate per your request Ace as well as disbursement instructions. I need to know how much to wire to both if you can add the amount on the form. The only way we are able to close tomorrow is to have both 07 and Ace agree on the amount to send to each party. 07 and Ace, I really need you two to discuss and agree ASAP by morning 10am our time tomorrow in order to still close tomorrow afternoon. Otherwise, there will be a delay in closing until you two can agree on the disbursement. Please advise. Thank you Jack Escrow Officer **Be aware! Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS call your escrow officer immediately to verify the information prior to sending funds.** From: 07 Sent: Thursday, January 16, 2020 10:56 PM To: Jack Cc: Ace; King; 09; 08; Queen Subject: Re: fa-secured Re: Far-Far Away - URGENT PLEASE RESPOND ASAP All, Due to the fact that this matter is becoming time critical while the risks are mounting, I outlined below the real risks, and the fallacy of the noise being disbursed by Her Majesty Senior Escrow Officer instead of the money. (Disclaimer: Although, I do not lie for living like "lawyer fucks" do, hereby, and hereto, whereas is my disclaimer for your ass): Notwithstanding the fact that we are not pressuring you, please, take a look over the document, which I submitted for your review (I double-attached it just in case again). Although, you can see clearly, that the dissolution of our marriage was not the case for me to gain, you do not have to, I do not need your pity, just read over a single page - CONTINUATION OF JUDGMENT where we (my ex-wife and I) clearly stated "We understand it fully and request the court to make our stipulated judgment the order of the court." (which was signed, and dated by the honorable judge of the Superior Court Noel Wise, and later notarized by us as part of the only package that we officially received as our settlement.) Should I mention that you may not hear from my attorney, should the money not to be disbursed tomorrow, according to the plan that we have collectively developed during the past three months, and agreed upon by all parties already, you may just loose your fucking license, and pay off for the damages to all affected parties as well. By the way, if you no longer notice your flashy red warnings, with that fine print about DANGER DANGER of wiring funds abroad, let me tell you that I explicitly forbid you to wire the money outside of the US for one, into more than one account for two, and I do instruct you to disburse the funds into a single, and the only Chase checking account that I provided to you (specifically as a security measure), so you can finish your job safely for three. Sincerely, 07. from: Jack to: 07 cc: Ace, King, 09, 08, Queen date: Jan 17, 2020, 4:36 AM subject: ASAP RE: Re: fa-secured Re: Far-Far Away - URGENT PLEASE RESPOND mailed-by: firstam.com signed-by: firstam.com security: Standard encryption (TLS) Learn more : Important mainly because it was sent directly to you. On Fri, Jan 17, 2020, 1:36 PM Jack wrote: Ace, please advise if you can fill out the disbursement form stating it is ok that I wire the proceeds into 07’s Chase account. If so, you two can then work it out outside of escrow so we can close. Please let me know ASAP Jack Escrow Officer **Be aware! Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS call your escrow officer immediately to verify the information prior to sending funds.** From: Ace Sent: Friday, January 17, 2020 11:31 AM To: Jack Cc: 07; King; 09; 08; Queen Subject: Re: Re: fa-secured Re: Far-Far Away - URGENT PLEASE RESPOND ASAP Hello, I don’t like the way this process is being handled and how you are trying to force me to do something I’m not comfortable with! Specially when I’m living abroad. I suggest that you close escrow and I will resolve this with 07 afterwards. I signed the power of attorney solemnly in belief that all funds would be divided equally. This is not acceptable and I will not sign this document! Ace from: Jack to: Ace cc: 07, King, 09, 08, Queen date: Jan 17, 2020, 12:09 PM subject: RE: Re: Re: fa-secured Re: Far-Far Away - URGENT PLEASE RESPOND ASAP mailed-by: firstam.com signed-by: firstam.com security: Standard encryption (TLS) Learn more : Important mainly because you often read messages with this label. On Fri, Jan 17, 2020 at 12:09 PM Jack wrote: I am certainly not forcing you to sign anything you are not comfortable with. I was just explaining to you what we would need in order to close the escrow. Since you and 07 are not in agreeance, I will not be able to close the transaction. Jack Escrow Officer **Be aware! Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS call your escrow officer immediately to verify the information prior to sending funds.** From: 07 Sent: Friday, January 17, 2020 2:15 PM To: Jack Cc: Ace; King; 09; 08; Queen Subject: Re: Re: Re: fa-secured Re: Far-Far Away - URGENT PLEASE RESPOND ASAP P.S. I have made multiple attempts to talk to Ace over the phone, Skype, etc. Since we are in different time zones, and it is 11pm in Sweden, I doubt we can resolve any misunderstanding by talking anyway. On Fri, Jan 17, 2020 at 2:08 PM 07 wrote: Here is my 2 cents: From Ace's post: "I suggest that you close escrow and I will resolve this with 07 afterwards." I concur. 07. On Fri, Jan 17, 2020, 8:13 PM King wrote: Hi 07, Ace: Unfortunately, we still have conflicting information from you both on final proceeds disbursement on the sale of the home. With this said, may I recommend 07 you seeking an attorney or an attorney on your behalf to come into an agreement with Ace over this matter. Until this can be resolved, title can NOT close escrow today and disburse funds. Please advise as soon as possible next steps and if there will be an attorney today issued. Thank you. King Ace Jan 17, 2020, 12:40 PM to Jack; 07; King; 09; 08; Queen It is of my understanding from the emails of the agent and the escrow-officer that this escrow cannot close until both parties mutually agree. I will not close until I get my half of the proceeds. It was not advised to me at the time of signing the power of attorney, that this would be an issue. The listing agent nor the escrow-officer really gave me information as to my rights, especially signing over the power of attorney. I was told to sign the power of attorney, after the fact I did email the escrow-officer making sure that I would get my half of the proceeds. This email from the officer, feels like I am being put in a corner. Ace, please advise if you can fill out the disbursement form stating it is ok that I wire the proceeds into 07’s Chase account. If so, you two can then work it out outside of escrow so we can close. Please let me know ASAP Again it feels like I am being pressured into doing something, without any legal advice from anyone, and that I am out of the country with no current legal advice available to me at this instant. I will not be forced to close this escrow! I will only close this escrow when I will get my half of the proceeds. I am legally on title, and if I need to I will revoke my power of attorney privilege or let it expire on Tuesday. Thank you! Ace. On Sat, Jan 18, 2020 at 11:41 AM Jack wrote: Received. Thank you, 07 let us know if you agree. From: Ace Sent: Saturday, January 18, 2020 11:36 AM To: 09 Cc: 07; King; 09; 08; Queen; Jack Subject: Re: Far-Far Away - URGENT PLEASE RESPOND ASAP Here is my signed document. Thanks, Ace. From: 07 Sent: Saturday, January 18, 2020 12:18 PM To: Jack Cc: Ace; 08; King; 09; Queen Subject: Re: Far-Far Away - URGENT PLEASE RESPOND ASAP I already gave you NO as my answer. The only acceptable choice for the proceeds is the US checking account that I already provided. I want to warn Ace, that not talking to me in the interim while trying to get what she is not entitled to is not going to work. You will ruin the rest of our relationship, and will loose the case in court. 07. From: Jack Sent: Saturday, January 18, 2020 1:33 PM To: 07 Cc: Ace; 08; King; 09; Queen Subject: Re: Far-Far away - URGENT PLEASE RESPOND ASAP If you can’t agree to the hold back then we are back to square one and we are not able to close. I did everything I could to try to make it work. That was our last resort to hold the money for you for 30 days. Jack Escrow Officer **Be aware! Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS call your escrow officer immediately to verify the information prior to sending funds.** RE: Far-Far Away - URGENT PLEASE RESPOND ASAP Inbox King Sat, Jan 18, 2020, 2:43 PM To Jack; 07; Ace; 09; 08; Queen Hi 07 and Ace, Please note, as you were hoping to close escrow as soon as possible with title holding the funds for 30 days, you had elected to work things out after the close regarding the proceeds with an attorney. If there is no agreement made before Monday, the buyers will cancel contract by Tuesday and there will be no sale on the home nor proceeds distributed to either party. In addition, the buyer has communicated there will be legal action taken for the loss and expenses accrued to date. Please advise before Monday. King Director of Sales The Queen’s Real Estate Team On Sat, Jan 18, 2020 at 4:13 PM King wrote: 07, Ace has signed the document to which we have received allowing title to hold the funds for 30 days. Are you no longer signing and agreeing to the hold of funds as you did yesterday? If not , please be advised the buyers will cancel contract on Tuesday and take legal action for the loss and expenses they have accrued to this date. There will then be no sale on the home. Please advise before Monday as I will be in contact with the buyers agent on status. Thank you. The King, MBA, REALTOR, SRS, SRES Director of Sales The Queen's Real Estate Team “Changing the world one home at a time.”® From: 07 Sent: Saturday, January 18, 2020 4:48 PM To: King Cc: Jack; Ace; 08; 09; Queen Subject: Re: Far-Far Away - URGENT PLEASE RESPOND ASAP King, Whether we have a sale is not up to me. I will recap: - I did agree to 30 days hold, and it is still an option - I did NOT give my permission to split the disbursed proceeds into more than one account - I EXPLICITLY PROHIBITED to wire the money abroad - You are making your decision against the court order I hope this helps. Thanks. 07. From: King Sent: Sat, Jan 18, 4:47 PM To: 07 Cc: Jack, Ace, 08, 09, Queen Subject: Re: Far-Far away - URGENT PLEASE RESPOND ASAP 07, The sale of the home is up to you both; however, from your email below, sounds like you are NOT willing to work this out with Ace even with an attorney per your agreement yesterday. Therefore, I will contact the buyers agent to let them know that this can NOT be worked as hoped and contract will be cancelled by Tuesday and no funds will be distributed with NO close of escrow. Following will be additional paperwork from all parties regarding cancelled sale of your home. I wish you and Ace the best of luck and sorry to know this could not be resolved further. King Director of Sales The Queen's Real Estate Team “Changing the world one home at a time.”® Re: Far-Far Away - URGENT PLEASE RESPOND ASAP Inbox Ace Sun, Jan 19, 2020, 5:31 AM To King; 07; Jack; 08; 09; Queen 07, Because we both are owners to the house I suggest that we therefor split the proceeds into two separate accounts, your Chase-account and my AMERICAN-Citibank-account. If not for fairness, for future tax-implications. This to close the deal and also to move on, which I’m sure is in both our interests. If you then, for some reason, feel that I owe you money, I suggest you send me an E-Mail where you state how much and for what reason? You know that I’m a reasonable person and I’m sure we can work things out together. I never wanted more then I was entitled to! I just want my fair share, which anybody would find to be a reasonable request. I also feel bad for the buyers who absolutely don’t deserve this. Sincerely, Ace from: 07 to: Ace cc: King, Jack, 08, 09, Queen date: Jan 20, 2020, 9:15 PM subject:Re: Far-Far Away - URGENT PLEASE RESPOND ASAP mailed-by:gmail.com King, and Ace, I hope I addressed your questions/statements below. This is my last attempt to reach an understanding. I will not answer anymore e-mails. This matter goes to court. From Ace: Because we both are owners to the house I suggest that we therefor split the proceeds into two separate accounts, your Chase-account and my AMERICAN-Citibank-account. If not for fairness, for future tax-implications. This to close the deal and also to move on, which I’m sure is in both our interests. - NO, I am the only owner of the house (according to the judgment, believe it or not), and therefore it is up to me to decide where and how to get the money (regardless of reasoning). I did not change the title simply because it was a formality. I could not foresee my ex-wife becoming so obnoxious, and actually jeopardizing the deal by: - conspiracy with escrow officer coupled with prejudice to rule on the disbursement of proceeds - interfering at the very last moment with a demand to circumvent the court's decision, and trying to leverage a formality for her unfair gain. If you then, for some reason, feel that I owe you money, I suggest you send me an E-Mail where you state how much and for what reason? You know that I’m a reasonable person and I’m sure we can work things out together. - NO, you are no longer a responsible person in my mind. You have betrayed me second time. It is serious. I will be re-evaluating our relationship, formalities, and my obligations. You owing me money? Ha, ha, ha - it does sound funny, no? I never wanted more then I was entitled to! I just want my fair share, which anybody would find to be a reasonable request. - Great, let the court decide I also feel bad for the buyers who absolutely don’t deserve this. - My condolences to the buyers From King: The sale of the home is up to you both; however, from your email below, sounds like you are NOT willing to work this out with Ace even with an attorney per your agreement yesterday. Therefore, I will contact the buyers agent to let them know that this can NOT be worked as hoped and contract will be cancelled by Tuesday and no funds will be distributed with NO close of escrow. - Hmm..., One thing to clarify - I will be in contact with my attorney this or the following week. You still have an option to make the sale to go through. I already agreed to wait 30 days for the funds to be locked in escrow. I will not sign that form, and I will not agree to any split of proceeds, not to mention wiring any part abroad. Please, let me know how else I can help. Thanks. 07 On Tue, Jan 21, 2020 at 11:50 AM Ace wrote: 07, I will follow the court-order. It is now clear to me that you tricked me into signing documents, giving you the whole house. I would never do something like that to you. And from this situation it became very clear to me that it was YOU that always wanted more money and not me. And you know that! All this time I thought the proceeds would be divided equally once the house was sold. It never crossed my mind that it would be otherwise. It is YOU that is the greedy one! I am however willing to sign the document to hold the funds for 30 days, in order to not breach the contract with the buyers. Once this is done I will accept you receiving all the money on your account. But only if you guarantee me, with your signature on a piece of paper, that you will follow the dissolution of marriage document endorsed filed at Alameda County May 24th 2017. What I want is clarity. This is what I wanted from the beginning. Instead of screaming and recording me, the mother of your child. I also want to be payed back the money you took from my retirement-account. Please give me the username and password so I can analyze it and see how much you owe me. Re: Docs From 07 Tue, Jan 21, 2020, 3:47 PM to Ace I made comments in the body of your message: It is now clear to me that you tricked me into signing documents, giving you the whole house. I would never do something like that to you. And from this situation it became very clear to me that it was YOU that always wanted more money and not me. And you know that! No, I disagree with the entire paragraph above, with each of its four sentences. Please, think of what you wrote. How could I trick you into signing something when I was shocked with you decision to get divorced in a first place? I am still unaware of your situation. Why do you avoid telling me about you marital status? Do you remember how we came up with that settlement, and how we discussed what has made into the document, etc? Do you remember that I decided to keep the house ONLY because of uncertainty that you and mo son may face, and was willing to take the risks and additional expenses. I was negative $1,000/mo for almost two years with virtually no money spent om myself personally as a result of that settlement. Do you remember that I have been paying you $1,000/mo of a price difference for the appreciated house, on top of $450 for child support, and almost $1,500 in alimony? By the way, the price of the house could have gone down, and I would be stuck with a loss. Although, I was willing to share that extra gain, and we talked about you getting an extra $50k, your greed has blinded you. All this time I thought the proceeds would be divided equally once the house was sold. It never crossed my mind that it would be otherwise. It is YOU that is the greedy one! Otherwise? Is it like we agreed when we divorced? How come you have never mentioned this to me? You were under wrong assumption, and kept it quiet? On top of that, an attempt to quietly disburse the proceeds without letting me know, and trying to make it through via a conspiracy with Escrow officer from the title company? Hmm, it is all coincidences, is not it? I am however willing to sign the document to hold the funds for 30 days, in order to not breach the contract with the buyers. Once this is done I will accept you receiving all the money on your account. But only if you guarantee me, with your signature on a piece of paper, that you will follow the dissolution of marriage document endorsed filed at Alameda County May 24th 2017. You are not in a position to dictate. There will be no guarantees on my part anymore, and no more promises. You do not need to sign anything. You will be getting only what you are entitled to (perhaps according to a revised settlement). What I want is clarity. This is what I wanted from the beginning. Instead of screaming and recording me, the mother of your child. I suppose those were your real thoughts. Well, I hope that Swedish конь пидальный (от слова пидарь, поэтому через и) can sooth you pain. I also want to be payed back the money you took from my retirement-account. Please give me the username and password so I can analyze it and see how much you owe me. Now we are talking. Paid back? Your retirement-account? How much I owe you? You do remember quite a few things about that settlement, don't you? Even the fact that I did split all of my existing investments, converted Amazon IRA, etc.? Do you know that when we got married, I also opened and kept funding your Roth until we got divorced? I did it simply because that what my farther would do. No one has asked me to do it. By the way, I assumed all of the debt, including your credit cards spending, etc., do you remember that? The most part of my sadness come from the fact that you have never embraced me with you trust, although I could not find a reason for that. You never agreed to counseling, and kept listening to your mother, who I believe has ruined our marriage. I have been waiting for two years for you to settle down and clarify what is going on with you, while you kept me in a dark. I am no longer in love. You betrayed me too many times. Now you are on your own. Talk to your Swedish husband. I have enough worries about my son at this point. 07 © Copyright: Андрей Станиславович Смык, 2022.
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