Sunday, September 27, 2009

HISTORICAL PERSPECTIVE OF NEGOTIATIONS for the purchase of Nancy Aguirre Kenneth Mauldin's property located at 1305 Clyde Drive, Marrerro, LA.

Goldie Mauldin Taylor, Nancy Mauldin Gallagher, Jerry Mauldin (Group A)
Debbie Mauldin Clark, Kenneth Mauldin, Jr., Wanda Mauldin Zuege (Group B)

2004: Debbie & Ernie Clark, Kenneth & Donna Mauldin, Jr., and Wanda and David Zuege (Group B) offered to sell the property to Group A at the fair market value of $106,000.

  • Group A declined and requested to purchase the property at $85,000.
  • Group B accepted $85,000. A transfer of sale date was set.
  • Group A (Goldie Taylor) arrived on the date-of-transfer with only $50,000.
  • Group B responded with a more realistic purchase price of $70,000.
  • JUNE 2008: Group A stated that there are other family offspring that exist and must be notified, therefore, succession was to be postponed until "the ghost family members" are notified.
  • JUNE 2008: Letter to Trey Fontana from Wanda Mauldin Zuege: "I am sure you will agree, Jules, Group B has given Group A much time to not only make a definite decision to own this property - but also plenty of time to find the finances to purchase this property. This new revelation - that there are other family members that need to be part of this succession - is truly a unique and creative way to keep the status quot; i.e., continue to skirt ownership and use the property without any financial or ownership responsibility.
    As a reality-check ... Group B is formally requesting that you prepare the paperwork necessary for the state to take over the residence at 1305 Clyde Drive and/or place this property for auction.
    We do not wish to continue to be held solely responsible for the mortgage payments, insurance requirements and taxes for this residence. Especially knowing that the house has been completely destroyed by Group A with the specific intentions of keeping the value of the house depressed. (Debbie Clark has before and after pictures available upon request.) If they wish to keep the residence, then I would suggest that they be sure to attend the auction to legally purchase the residence and take ownership responsibilities. "
  • DEC 2008 AUCTION #1: Group A did not bid for the property with a starting bid of approximately $50,000. (Group B did not bid so that Group A would have the option to purchase the property without obstruction.)
  • DEC 2008: Group B Proceeded to pay to have the auction rescheduled and were resigned to the fact that Group A had no intentions of purchasing the property -- only exploiting the situation in their favor as both families are conducting businesses from this property while Group B is paying their overhead expenses, insurance and property taxes.
  • JUL 2009 AUCTION #2: Group A attempted to purchase the property at $3,600 but arrived unprepared, therefore, had no funds to actually purchase the property at that moment. Group B arrived at the auction late but was able to bid for the property an hour later after it was established that Group A was unable to purchase said property.
  • SEP 2009 PETITION COURT: Goldie Mauldin Taylor petitioned the eviction court that she "had suffered damage as a result of the acts and omissions of Debbie Mauldin Clark and Wanda Mauldin Zuege ... and prays that after all legal delays and due proceedings had, there be judgment in her favor against Debbie Mauldin Clark and Wanda Mauldin Zuege for all relief as is appropriate under the circumstances."
  • Goldie Mauldin Taylor during the eviction court proceedings did agree to pay Debbie Mauldin Clark and Wanda Mauldin Zuege $40,000 within 24 hours from that date
  • SEP 2009: Goldie Mauldin Taylor did send the $40,000 to the legal office of Fontana & Fontana two days later instead of 24 hours as required by the eviction court. Goldie Mauldin Taylor sent statement to family lawyer that she would purchase the property at the $40,000 if the house were placed in succession again.
  • SEP 2009: Wanda Mauldin Zuege received ACT OF CASH SALE by certified mail and did not see Goldie Mauldin Taylor (or Jerry Christopher Mauldin) as the buyer of the property on 1305 Clyde Drive.
  • Debbie Mauldin Clark and Wanda Mauldin Zuege agreed that in spite of the late payment, and the contingency from Goldie Mauldin Taylor to place the house in succession, that if the money was actually wired to the Lawyer's office and Goldie agreed to our 5 contingencies, we would agree to sell the property at $40,000. Presently, they are making money in the amount of $1500/month rental income from the 1305 Clyde Drive property without any relative expenses: Specifically,
  • Group A has escaped any fiscal responsibility for paying rent or mortgage payments in the last for the last four years. We have paid the mortgage payments.
  • They have escaped any risk that is associated with a small business. We pay the required property insurance.
  • They have abdicated any property tax responsibilities. We have paid all of the property taxes since the death of Nancy Aguirre Mauldin.
  • We will continue to be responsible for all future property taxes as they find new ways to manipulate the system to their favor.

Family Succession - Our Story

December 13,2008
The business of cutting the hangman's noose,


This is it. The day is near when the family succession is coming to an end. It’s been approximately 9 years since Mom has passed away. It only took less than one month to kill the fragile family unit that existed prior to her death. Now it is only the legal bind of a failed succession that is the noose around the family-unit about to be severed.

Dave and I arrived in New Orleans on December 14, 2008, to meet with Debbie and discuss strategy prior to the auction of 1305 Clyde Drive.

Debbie and I are the Mauldin Sisters that initiated legal proceedings for the property to be purchased or sold. There are two other sisters that are against selling or purchasing the house; one under the pretense of grief, the other under the pretense of supporting our youngest brother of 30 something, Jerry Chris Mauldin. However, for whatever reason, both refuse to pay the mortgage, the property taxes, and the insurance. It is this lack of ownership responsibility that strangled the life from our family. Debbie and her family has carried the biggest financial burden to bring this to a legal end. A record of attempts to get the family to sign a succession so the property could be purchased either by a family member or put on the market will be the final axe that will mercifully sever the noose and let the family ghosts disperse into their own worlds. Life goes on for all of us, separately.

However, the axe has become heavy. Neither Debbie’s family nor my family can afford a second home – yet it is required in order to establish attempts at reconciliation. The emotional burden has taken its toll. The squatters are filled with meanness, spite and righteousness; without conscious or appreciation. Debbie’s heart has many scars as she continues the legal journey that is necessary to bring the property to court for auction.

The family lawyer has been a friendly guide through this procedure. Unfortunately, Katrina has placed many clients ahead of us that were more important than our silly (but expensive) family estate squabble. Three years to establish a record seems excessive but … Katrina left excessive destruction.

So here we are, two sisters meeting to discuss the auction scheduled for the 17th of December, 2008. It’s been a long time coming but much had to be discussed and planned. The property was appraised at $77,000. Katrina has touched the roof – but it was repaired immediately. For whatever reason, the rest of the destruction was caused by Jerry Chris Mauldin and his family. Free living does not encourage pride. The auction must legally start at 2/3rds the price of the appraisal.

After a few more details were confirmed with the family lawyer our strategy was to let it go for the $51,000 amount or let it return to court a second time around. We had hoped that Goldie Maudlin Taylor, the youngest sister and instigator for owning “Mom’s house” via squatter’s rights alone, would then purchase it. She has refused to pay the $108,000 … the $80,000 … the $70,000 offers along the 3 year long negotiation process. She has come to count on stalling techniques to prolong living and using the property without any ownership responsibilities.

The auction proved that her addiction for ignoring the responsibilities of owning the property on 1305 Clyde Drive was greater than any desire to own “Mom’s House” at any price. To say so is just her way of hiding the mean & nasty side of her. She is used to masking her hate through flirtatious silliness. Goldie did not bid to own the house.

Plan B is now in affect: to return the house to the auction and hopefully bid to own it.The new auction will take place in February. We now wait for the courts to reschedule the auction. Another $1,000 fee.

The axe is ready to drop … it is heavy.