Deed not recognized 7
Part 7
Inquires and responses
2005 through 2010
2005.05.22 5:46am (Anthony
O'Connell
to Bill Lynch) (Copy to Lisa Overton, Andy Somerville and Steve Blizzard)
"I need a title company that will provide a Title Commitment that is clear and unambiguous. I need a title company to examine everything in the chain of title and to take a clear and accountable position on their findings, so that everyone concerned can rely upon it. I need a title company that will provide answers to fundamental questions such as:
(a) Who is the Seller?
(b) Does the property have a clear Title?
(c) If not, why not?
(d) If not, what must be done to correct it?
Tony"
2005.05.22 5:51pm (Anthony
O'Connell
to Lisa Overton, Steve Blizzard, Bill Lynch and Andy Somverville) (No copy to another)
"I need a title company that will do a thorough title search, one that examines everything in the chain of title, and to take a clear and accountable position on their findings, so that everyone concerned can rely upon it.
I need a title company that will provide answers to fundamental questions such as;
(a) Who is the Seller?
(b) Does the property have a clear Title?
(c) If not, why not?
(d) If not, what must be done to correct it?
And to write a Title Commitment that reflects it.
I need clarity and accountability. Telephone calls, personal opinions, memos, person one saying person two said x, is not an accountable position. It is not prudent for me to rely on telephone calls, personal opinions, memos, person one saying person two said x.
Tony"
2007.01.19 letter (Lisa Overton to Anthony O’Connell)
"This letter will serve to verify that Stewart Title and Escrow, Inc. has received a deposit in the form of a Note with regard to the property referenced above. Please note that we do not have a copy of the contract on file for this transaction, however, we will hold the Note in escrow pending receipt of the contract and/or instructions with regard to this escrow.
Please feel free to contact me should you have any questions concerning this escrow, or should you need any additional information at this time. Best regards.
Sincerely”
2007.04.12 3:39am (Anthony
O'Connell
to Steve Blizzard, Lisa Overton, buyer) (No copy to another)
"Would you please explain why the sales contract for Accotink of January 2007 says Anthony M. O'Connell is the owner? I need a title company that will do a thorough title search, one that examines everything in the chain of title, and to take a clear and accountable position on their findings, so that everyone concerned can rely upon it. I need a title company that will provide answers to fundamental questions such as:
(a) Who is the Seller?
(b) Does the property have a clear Title?
(c) If not, why not?
(d) If not, what must be done to correct it?
And to write a Title Commitment that reflects it. I need clarity and accountability. Telephone calls, personal opinions, memos, person one saying person two said x, is not an accountable position. It is not prudent for me to rely on telephone calls, personal opinions, memos, person one saying person two said x.
Thank you."
2007.04.12 3:52am (Anthony
O'Connell
to Lisa Overton, Steve Blizzard, buyer) (No copy to another)
"Would you please explain why the sales contract for Accotink of January 2007 says Anthony M. O'Connell is the owner? I need a title company that will do a thorough title search, one that examines everything in the chain of title, and to take a clear and accountable position on their findings, so that everyone concerned can rely upon it. I need a title company that will provide answers to fundamental questions such as:
(a) Who is the Seller?
(b) Does the property have a clear Title?
(c) If not, why not?
(d) If not, what must be done to correct it?
And to write a Title Commitment that reflects it. I need clarity and accountability. Telephone calls, personal opinions, memos, person one saying person two said x, is not an accountable position. It is not prudent for me to rely on telephone calls, personal opinions, memos, person one saying person two said x.
Are you willing to do this?2007.04.13 7.09am (Anthony
O'Connell
to Lisa Overton, Steve Blizzard, buyer) (No copy to another)
"I don't understand "Do you mean to say that you want the title company to issue a title insurance policy to you as Trustee? Would you please explain it?
I need a title company that will do a thorough title search, one that examines everything in the chain of title, and to take a clear and accountable position on their findings, so that everyone concerned can rely upon it. I need a title company that will provide answers to fundamental questions such as:
(a) Who is the Seller?
(b) Does the property have a clear Title
(c) If not, why not?
(d) If not, what must be done to correct it?
And to write a Title Commitment that reflects it. I need clarity and accountability. Telephone calls, personal opinions, memos, person one saying person two said x, is not an accountable position. It is not prudent for me to rely on telephone calls, personal opinions, memos, person one saying person two said x.
Tony"
2007.05.01 letter (Lisa Overton to Anthony O’Connell)
"Enclosed please find a copy of the current Title commitment on the above referenced property. We are forwarding a copy of this report to you at the request of Bill Lynch, and to clarify the question of conveyance of this property. As the commitment shows, you, Anthony Miner O' Connell, Trustee, are the owner of the property and as Trustee you are empowered to convey the property, pursuant to the Deed in Trust under Land Trust Agreement recorded in Deed Book 8307 at page 1446.
Please feel free to contact me should you have any questions regarding the enclosed, or should you need any additional information hanks, and best regards.
Sincerely”
2007.05.05 6.45pm (Anthony
O'Connell
to Lisa Overton, Steve Blizzard, buyer) (No copy to another)
"Did you finish your title search for parcel 0904 01 0017? If so, what did you find?
Anthony
O'Connell
, Trustee"
2007.05.08 3.39pm (Anthony
O'Connell
to Lisa Overton, Steve Blizzard , buyer) (No copy to another)
"I received the title report from Lisa Overton at Stewart Title today. Are you saying that this is a title search?
Did you finish your title search for parcel 0904 01 0017? If so, would you please send me a copy of the abstract?
Thank you."
2007.05.09 8.51am (Anthony
O'Connell
Lisa Overton, Steve Blizzard, buyer) (No copy to another)
"Before entering into a contract for parcel 0904 01 0017, 1 need the Buyer to do a Title Search that provides straightforward information and accountable answers so that all concerned can rely upon it.
For example, the County currently has the legal description for parcel 0904 01 0017 on the real estate tax records as "ACCOTINK STATION WB201 109 DB8307-1446 DB8845-1444 DB8845-1449"
(1) Does Stewart Title see a conflict between WB201 page 109 dated 1975, with the other documents; the Virginia Land Trust documents dated 1992?
(2) Does Stewart Title see the Virginia Land Trust documents dated 1992 as superseding Will Book 201 page 109 dated 19757
(3) What is Stewart Title's response to this legal description?
Thank you"
2007.05.11 8:12am (Lisa Overton to Bill Lynch)
"I received the email you forwarded from Mr. O'Connell, and have the following comments;
(1) No.
(2) Yes.
(3) The County simply uses an abbreviated notation of what the property is for their tax records. We would not consider their notation to be a complete legal description of the property. Quite frankly, as our title commitment states, we would expect the purchaser to obtain a survey of the property prior to closing, giving us a new, current legal description of the property, which is the description we would anticipate using in the deed to be recorded conveying the property.
I hope that helps answer your questions.”
2007.05.12 9.34pm (Anthony
O'Connell
to Lisa Overton)
"I don't understand your abbreviated notation comment. Would you please explain it? Thank you."
2007.05.15 6:15am (Lisa Overton to Anthony O’Connell)
"Mr. O'Connell: They simply make a "note" of a partial description of the property on the tax records rather than list a complete description of the property. We would require a complete description of the property in the deed and would not consider the county's shortened "note" version to be a complete description. I hope that clarifies it for you."
2007.05.15 1.28pm (Anthony
O'Connell
to Lisa Overton)
"I don't understand your "(3) The County simply uses an abbreviated notation of what the property is for their tax records." in your email of May 11, 2007. Would you please explain?
Your commitment for title insurance revised 4/24/07, schedule B, section 1, item 7.A says "Deed from ANTHONY MINER O'CONNELL TRUSTEE, and ANTHONY MINER O'CONNELL, INDIVIDUALLY ....". Why is it written this way?
Sincerely, Anthony
O'Connell
, Trustee"
2007.05.17 9.33am (Anthony
O'Connell
to buyer) (Copy to Lisa Overton and Steve Blizzard)
"I'm concerned about our communication. For more than two years now I've been under the impression that you were willing to have a title search done on parcel 0904 01 0017 before we sign a sales contract.
I would like to try again. Before I sign a sales contract for parcel 0904 01 0017, I need the Buyer to do a Title search and send me a copy. When I say Title search, I mean a Title search such as that defined in Blacks' Law Dictionary, Fifth Edition, as: "Title search. An examination of the records of registry of deeds or other office which contains records of title documents to determine whether title to the property is good; i.e., whether there are any defects in the title. The examiner then prepares an abstract of the documents examined."
I need a title company that will do a thorough title search, one that examines everything in the chain of title, and to take a clear and accountable position on their findings so that everyone concerned can rely upon it. I need a title company that will provide answers to fundamental questions such as:
(a) Who is the Seller?
(b) Does the property have a clear Title?
(c) If not, why not?
(d) If not, what must be done to correct it?
I need clarity and accountability. Telephone calls, personal opinions, memos, person one saying person two said this or that, is not an accountable position. It is not prudent for me to rely on telephone calls, personal opinions, memos, or person one saying person two said this or that.
Are you willing to do this?
Anthony M.
O'Connell
, Trustee
2007.05.23 5.26am (Anthony
O'Connell
to Lisa Overton, Steve Blizzard) (Copy to Bill Lynch and Andy Somerville)
"Does Stewart Title find the following legal description for parcel 0904 01 0017 correct:
"ACCOTTNK STATION WB201 109 DB8307-1446 DB8845-1444 DB8845-1449"?
Anthony
O'Connell
, Trustee"
2007.05.23 11:52am (Lisa Overton to Anthony O’Connell and Bill Lynch)
"Attached is a complete set of title documents with regard to the title search and title commitment issued for the Accotink property.
Thanks!
2007.05.24 6.17am (Anthony
O'Connell
to Lisa Overton, Steve Blizzard) (Copy to Bill Lynch and Andy Somerville) (Copy to Bill Lynch and Andy Somerville)
"Does Stewart Title find the following legal description for parcel 0904 01 0017 correct:
"ACCOTINK STATION WB201 109 DB8307-1446 DB8845-1444 DB8845-1449"? Please read the documents.
Anthony
O'Connell
, Trustee"
2007.05.24 9:43am (Lisa Overton to Anthony O’Connell and Bill Lynch) omit second pdf page?
"Bill forwarded your email to me from yesterday, which again asks about the County's notation of the legal description. I believe that we already answered your questions on the legal description, so I am re-sending to you my email of May 15th which addressed the County's legal description.
Lisa Overton”
2007.05.25 6.50am (Anthony
O'Connell
to Stewart Title) (Copy to Bill Lynch and Andy Somerville)
"Does Stewart Title find the following legal description for parcel 0904 01 0017 correct:
"ACCOTINK STATION WB201 109 DB8307- 1446 DB8845- 1444 DB8845- 1449"? Please read the documents. Please give me a yes or a no.
Anthony
O'Connell
, Trustee"
2007.05.28 4.42pm (Anthony
O'Connell
to Kevin Greenlief) (No copy to another)
"Do you find the following legal description for parcel 0904 01 0017 correct: "ACCOTINK STATION WB201 109 DB8307-1446 DBWS1444 DBW5- 1449"? Please read the documents.
Anthony
O'Connell
, Trustee for parcel 0904 01 0017"
2007.06.04 7.21.15am (Anthony
O'Connell
to Kevin Greenlief) (No copy to another)
"Do you find the following legal description in your records for parcel 0904 01 0017 correct: "ACCOTINK STATION WB201 109 DB8307-1446 DB8845-lWDB8845-149? Please read the documents. Please give me a yes or a no.
Anthony
O'Connell
, Trustee for parcel 0904 01 0017"
2007.06.04 7.21.19am (Anthony
O'Connell
to Janet Coldsmith) (No copy to another)
"Do you find the following legal description in your records for parcel 090401 0017 correct: "ACCOTINK STATION WR201 109 DB8307-1446 DR8815-1414 DB8845-1449"? Please read the documents. Please give me a yes or a no.
Anthony
O'Connell
, Trustee for parcel 0904 01 0017"
2007.06.05 10.08am (Anthony
O'Connell
to Julio Vargas) (Copt to Bill Lynch and Andy Somerville)
"Do you think the legal description for parcel 0904 01 0017 has been a factor in the problems I've had in getting a tax bill? Do you find the following legal description for parcel 0904 01 0017 correct: "ACCOTINK STATION WB201 109 DB8307-1446 DR8845-1444 DR8845-1449"? Please read the documents.
Anthony
O'Connell
, Trustee for parcel 0904 01 0017"
2007.06.12, 11:46am (Anthony
O'Connell
to Lisa Overton, Steve Blizzard) (No copy to another)
"The attached copy of Ms. Overton's letter to my mother dated April 22, 1988, shows she handled the settlement for the 1988 sale to Lynch Properties Limited Partnership. Please correct me if I am wrong.
I was surprised to be told the day before settlement of this sale that I had to sign a deed that said I could not qualify as Trustee. Where does it say in the Court records that I could not qualify as Trustee? 1 found six documents that show I qualified as Trustee in 1986. Copies of the six documents and the page from the deed are attached.
Please show me where it says in the Court records that I could not qualify as Trustee. I am concerned that something like this may happen again.
Anthony
O'Connell
, Trustee"
2007.06.13 7.00am (Anthony
O'Connell
to Lisa Overton and Steve Blizzard) (No copy to another)
"Would you please answer these questions?
(1) The attached copy of Ms. Overton's letter to my mother dated April 22, 1988, shows she handled the settlement for my 1988 sale. I was surprised to be told the day before settlement that I had to sign a deed that said I could not qualify as Trustee. The attached six documents show I qualified as Trustee in 1986. Where does it say in the Court records that I could not qualify as Trustee? I am concerned that something similar may happen again.
(2) Does Stewart Title find the following legal description in the real estate tax records for parcel 0904 01 0017 correct: "ACCOTINK STATION WB201 109 DB8307-1446 DB8845-1444 DB8845 -1449"? Please read the documents. Please give me a yes or a no.
(3) Why does Stewart Title allow someone not from Stewart Title to respond to questions for Stewart Title?
Anthony
O'Connell
, Trustee for parcel 0904 01 0017"
2007.06.13 12:01pm (Linda Mellott to Anthony O’Connell)
I wish to apologize for the delayed response to your inquiry of June 4. Mr. Greenlief has requested that I reply to your inquiry The legal description of this vacant parcel of 15 acres is "Accotink Station." The Will Book reference is simply made as a convenience to help citizens (especially title examiners) determine the source of initial property transfer. We have added the deed book references per your earlier request to the existing references. So, the legal description displayed in our current records for parcel 0904 01 0017 reads as stated below
2007.06.14 10:21am (Lisa Overton to Bill Lynch, Anthony O’Connell, Steve Blizzard, and Lisa Overton) omit second page?
"Yes, that is me from 1988 -can't believe how old you are making me feel, and I can honestly tell you that I do not remember that specific 1988 case.
Having said that however, when I look at the documents you attach, you did in fact sign the deed as a Trustee, the qualification simply required that a
Co-trustee also sign since you were not a resident of Virginia. I do not recall which firm we were using in 1988 to prepare our deeds, we have used quite a few different firms in the past, but it looks as though in the derivation of title paragraph that you underline they simply tried to consolidate the statement of facts. Perhaps they should have been more clear and said that Mr. Higham was appointed WITH you as co-trustee and not in your place.
There is no requirement for a Trustee under a land trust to be a Virginia resident; therefore it is a non issue in this case.”
2007.10.15 9:05 pm (Anthony
O'Connell
to Lisa Overton and Steve Blizzard) (Copy to Bill Lynch and Andy Somerville)
"What does "WB201 109 in "ACCOTINK STATION WB201 109 D88307-1446 D88845-1444 068845.1449", mean to you?
Sincerely, Anthony
O'Connell
"
2007.10.16 8:37am (Lisa Overton to Anthony O’Connell and Steve Blizzard) omit second page?
"I think that Bill is just trying to help, but I am happy to answer on behalf of Stewart Title. WB201 109 does indeed refer to Will Book 201, page 109 as
Steve Blizzard indicated earlier. Accotink Station refers to the subdivision name and DB8307-1446 refers to documents recorded in Deed Book 8307 at Page 1446. DB8845-1444 refers to documents recorded in Deed Book 8845 at page 1444 and DB8845-1449 refers to documents recorded in Deed Book 8845 at page 1449. They are all simply references to documents recorded in the land records.
I hope that helps.”
2007.10.16 10:33 am (Anthony
O'Connell
to Lisa Overton and Steve Blizzard) (No copy to another)
"Please, what does "WB201 109" in "ACCOTINK STATION WE201 109 DB8307-1446 DB8845-I444 DB8845-1449" mean to Stewart title? Please read the documents.
I need an answer from Stewart Title. Would you please tell Bill Lynch to not answer for you?
Sincerely, Anthony
O'Connell
"
"2007.10.16 10:58 am (Anthony
O'Connell
to Lisa Overton and Steve Blizzard) (Copy to Bill Lynch and Andy Somerville)
Please, what does "WE201 109" in "ACCOTINK STATION WE201 109 D88307-I446 D88845-I444 DB8845-1449", mean to Stewart title? Please read the documents.
Sincerely, Anthony
O'Connell
"
2007.10.16 12:01 pm (Anthony
O'Connell
to Lisa Overton and Steve Blizzard) (No copy to another)
Thank you for responding on behalf of Stewart Title. Please read the documents. What do the contents of these documents mean to Stewart Title?
Sincerely, Anthony
O'Connell
"
2007.10.17 5.42am (Anthony
O'Connell
to Steve Blizzard and Lisa Overton) (No copy to another)
"What do the contents of WE201 109 mean to Stewart Title?
Anthony
O'Connell
, Trustee"
2007.10.17 8:48am (Lisa Overton to Anthony O’Connell)
omit second and third page?
"Anthony, I don't understand what you are asking. These individual documents are simply several documents found in the title search - each has no specific meaning by itself; we look at all the documents found in a title search to determine ownership, insurability, what easements or restrictions affect the property, etc..
Then all of that is translated into a title commitment, which you have a copy of. You also have a copy of every underlying document from the search.
If there is a specific question you have about one of the documents please let me know, but there is no “meaning” assigned to each particular document.”
2007.10.18 8:21am (Lisa Overton to Anthony O’Connell) omit second and third and fourth page?
"WB201 109 is the court qualification page for the executrix named under the will.
Lisa”
2007.10.19 5:38am (Lisa Overton to Anthony O’Connell and Steve Blizzard) omit second and third and fourth page?
"We are obviously unable to satisfy your questions in this matter. I would suggest that you hire an attorney to represent you that can review and analyze the title search on your behalf and at your expense. We have concluded that the property is insurable and have issued our title commitment. We have provided every copy we can from the title search and forwarded it to you more than once. Should this case go forward we are happy to close the transaction for the purchaser and issue the title insurance policy or policies, but there is no additional information on the search that I can provide to you at this time.
Lisa Overton”
2007.10.25 (Anthony
O'Connell
to Steve Blizzard and Lisa Overton)
"Why would Stewart Title not answer the question ""How do the contents of WE201 109 fit in Stewart Title's title search?"? Please ask Bill Lynch to not answer for you.
Anthony
O'Connell
, Trustee"
2007.10.25 9:14am (Lisa Overton to Anthony O’Connell)
"Because we have already answered it again and again and again and our answer never satisfies you. It is simply one of many documents forming the chain of title."
omit second and third page?
2007.10.31 8.49pm (Anthony
O'Connell
to Steve Blizzard and Lisa Overton) (No copy to another)
"Why would Stewart Title not answer the question ""How do the contents of WE201 109 fit in Stewart Title's title search?"?
Anthony
O'Connell
, Trustee"
2007.12.05 2.16pm (Anthony
O'Connell
to Steve Blizzard and Lisa Overton) (No copy to another)
"Why would Stewart Title not answer the question ""How do the contents of WB201 109 fit in Stewart Title's title search?"? I believe it would not be prudent for a Seller to enter into a contract with a Buyer whose Tile company will not answer a straight forward question such as this.
My new address is: Anthony O'Connell, 439 South Vista Del Rio, Green Valley, Arizona 85614, and my new email address is aocconnell@cox.net.
Anthony
O'Connell
, Trustee"
2007.12.05 2:19pm (Lisa Overton to Anthony O’Connell and Steve Blizzard)
"I am happy to answer yet again, that WB 201 109 is simply one of many documents we review in the chain of title to the property to decide insurability. The purchaser is welcome to choose another title company for this purchase.
Lisa”
2007.12.07 7:23 am (Anthony
O'Connell
to Steve Blizzard and Lisa Overton) (Copy to Bill Lynch and Andy Somerville)
Please read WB201 109. How does the content of WE 201 109 fit in Stewart Title's title search for parcel 0904-1-0017?
Why would Stewart Title consider "I am happy to answer yet again that WB 201 1W is simply one of many documents we review in the chain of title to the properly to decide insurability." an answer? This could be said of any document Stewart Title says is in the chain of tile. The content of the documents differ.
Anthony
O'Connell
, Trustee"
2007.12.09 9.36am (Anthony
O'Connell
to Steve Blizzard and Lisa Overton) (Copy to Bill Lynch and Andy Somerville)
"Please read WB201 109. How do the contents of WB 201 109 fit in Stewart Title's title search for parcel 0904-l-0017? Why would Stewart Title say "I am happy to answer yet again, that WB 201 109 is simply one of many documents we review in the chain of title to the property to decide insurability." an answer? This response could be said of any document Stewart Title says is in the chain of title. The contents of the documents differ.
I would not sign a contract with a buyer who thinks the answer to the question "How do the contents of WB 201 109 fit in Stewart Title's title search for parcel 0904-0140177" is "I am happy to answer yet again, that WE 201 109 is simply one of many documents we review in the chain of title to the property to decide insurability." an answer.
Anthony
O'Connell
, Trustee"
2007.12.13 8.45am (Anthony
O'Connell
to Steve Blizzard and Lisa Overton) (Copy to Bill Lynch and Andy Somerville)
"Please ask Bill Lynch to not speak for Stewart Tile.
How do the contents of WB 201 109 fit in Stewart Title's title search for parcel 0904-01-0017? Why would Stewart Title say "I am happy to answer yet again, that WB 201 109 is simply one of many documents we review in the chain of title to the property to decide insurability."? The same could be said of any document Stewart Title says is in the chain of title. The contents of the documents differ. Please read WB201 109. It would not be prudent to contract with a buyer who does not understand the importance of this.
Anthony
O'Connell
, Trustee"
2007.12.19 5.26pm (Anthony
O'Connell
to Steve Blizzard and Lisa Overton) (Copy to Bill Lynch and Andy Somerville)
"I have asked you numerous times to explain how WB 201 109 fits in with your title search on parcel 0904-01-0017. Your latest reply was "I am happy to answer yet again, that WB 201 109 is simply one of many documents we review in the chain of title to the property to decide insurability." This reply does not answer the question. This reply says you review WB 201 109. Please answer the question. Your client asks me why I ask this question. The question should be why does Stewart Title not answer the question. It would not be prudent to contract with a buyer who does not understand this.
Anthony
O'Connell
, Trustee"
2007.12.28 8.55am (Anthony
O'Connell
to Steve Blizzard and Lisa Overton) (Copy to Bill Lynch and Andy Somerville)
Please ask Andy Somerville to not speak for Stewart Title.
I have asked Stewart Title numerous times to explain how WB 201 109 (Will of H.A O'Connell) fits in with their title search on parcel 0904-01-0017. Stewart Title's latest reply was "I am happy to answer yet again, that WB 201 109 is simply one of many documents we review in the chain of title to the property to decide insurability."
This reply does not answer the question. This reply says Stewart Title reviews WB 201 109. Please answer the question. What happened during my April 21, 1986, sale of parcel 0902-01-0085 when Stewart Title did the title search and was the settlement agent? Did Stewart Title say or imply that I was not qualified as Trustee under the Will of H.A. O'Connell?
Anthony
O'Connell
, Trustee"
2008.01.04 6:23 am (Anthony
O'Connell
to Lisa Overton and Steve Blizzard) (Copy to Bill Lynch and Andy Somerville)
"I have asked Stewart Title numerous times to explain how WB 201 109 (Will of H.A O'Connell) fits in with their title search on parcel 0904-01-0017. Stewart Title's latest reply was "I am happy to answer yet again, that WB 201 109 is simply one of many documents we review in the chain of title to the property to decide insurability." This reply does not answer the question. This reply says Stewart Title reviews WB 201 109. Please answer the question.
What happened during my April 21, 1986, sale of parcel 0902-01-0085 when Stewart Title did the title search and was the settlement agent? Did Stewart Title say or imply that I was not qualified as Trustee under the Will of H.A. O'Connell? Please give me a yes or a no.
Anthony
O'Connell
, Trustee"
2008.01.04 - 6:43 am (Anthony
O'Connell
to Lisa Overton and Steve Blizzard) (Copy to Bill Lynch and Andy Somerville)
"I have asked Stewart Title numerous times to explain how WB 201 109 (Will of H.A O'Connell) fits in with their title search on parcel 0904-01-0017. Stewart Title's latest reply was "I am happy to answer yet again, that WB 201 109 is simply one of many documents we review in the chain of title to the property to decide insurability." This reply does not answer the question. This reply says Stewart Title reviews WB 201 109. Please answer the question.
What happened during my April 21, 1988, sale of parcel 0902-01-0085 when Stewart Title did the title search and was the settlement agent? Did Stewart Title say or imply that I was not qualified as Trustee under the Will of H.A. O'Connell? Please give me a yes or a no.
Anthony
O'Connell
, Trustee"
2008.01.07 11:50am (Lisa Overton to Anthony O’Connell and Steve Blizzard)
"We already answered these questions by prior email dated May 11th of 2007. Again:
We do not see a problem or conflict of any kind between WB201 Page 109 and the other documents in the chain of title at this time. In 1988 you did need a Co-Trustee appointed per Virginia requirements of an estate, and that was done. Property is now vested in the land trust. A trustee of a land trust does not need to be a Virginia resident as I have indicated on many emails, therefore there will be no problem for you to sign the deed and other documents as Trustee of the land trust that now owns the property. I do not know how I can make this any clearer.”
2008.01.08 4.37am (Anthony
O'Connell to Lisa Overton and Steve Blizzard) (Copy to Bill Lynch and Andy Somerville)
"I have asked Stewart Title numerous times to explain how WB 201 109 (Will of H.A O'Connell) fits in with their title search on parcel 0904-01-0017. Stewart Title's latest reply was "We do not see a problem or conflict of any kind between WB201 Page 109 and the other documents in the chain of title at this time."(January 7, 2008).
H. A. O'Connell died in 1975. Does Stewart Title's title search show that Anthony M. O'Connell qualified as Trustee under the Will of H. A. O'Connell?
What happened during my April 21, 1988, sale of parcel 0902-01-0085 when Stewart Title did the title search and was the settlement agent? Did Stewart Title say or imply that I was not qualified as Trustee under the Will of H.A. O'Connell? Please give me a yes or a no.
Anthony
O'Connell
, Trustee"
2008.01.08 5:42am (Lisa Overton to Anthony O’Connell and Steve Blizzard)
"You did not qualify individually, a co-trustee was appointed. So that's a no to you individually - Yes to you WITH A CO-TRUSTEE."
2008.01.09 7.38am (Anthony
O'Connell
to Lisa Overton and Steve Blizzard) (Copy to Bill Lynch and Andy Somerville)
"Please, I have asked Stewart Title numerous times to explain how W 201 109 (Will of H.A O'Connell) fits in with their title search on parcel 0904-01 -001 7. Stewart Title's latest reply was "We do not see a problem or conflict of any kind between W201 Page 109 and the other documents in the chain of title at this time."(January 7, 2008). This reply does not answer the question. This reply says Stewart Title does not see a problem at this time. Please answer the question. Please address the contents of the documents. What is it in WB201 page 109 that makes it, according to Stewart Title, part of the current legal description?
On what date did Anthony M. O'Connell qualify as Co-Trustee under the will of H.A. O'Connell?
What happened during my April 21, 1988, sale of parcel 0902-01-0085 when Stewart Title did the title search and was the settlement agent? Did Stewart Title say or imply that I was not qualified as Trustee under the Will of H.A. O'Connell? Please give me a yes or a no.
Anthony
O'Connell
, Trustee"
2008.01.14 10.54am (Anthony
O'Connell
to Lisa Overton and Steve Blizzard) (Copy to Bill Lynch and Andy Somerville)
"Please, I have asked Stewart Title numerous times to explain how WB 201 109 (Will of H.A O'Connell) fits in with their title search on parcel 0904-01-0017. Stewart Title's latest reply was "We do not see a problem or conflict of any kind between WB201 Page 109 and the other documents in the chain of title at this time."(January 7,
2008).This reply says Stewart Title does not see a problem at this time. This reply does not answer the question.
Please answer the question. This means that the contents of the Will of H. A. O'Connell would have to be addressed. For example, what is it in the Will of H. A. O'Connell that, according to Stewart Title, makes it part of the current legal description?
Please tell me on what date, according to Stewart Title's title search, Anthony M. O'Connell qualified as Trustee or Co-Trustee under the will of H.A. O'Connell.
What happened during my April 21, 1988, sale of parcel 0902-01 -0085 when Stewart Title did the title search and was the settlement agent? Did Stewart Title say or imply that I was not qualified as Trustee under the Will of H.A. O'Connell? Please give me a yes or a no.
Anthony
O'Connell
, Trustee"
2008.01.24 1.15pm (Anthony
O'Connell
to Lisa Overton and Steve Blizzard) (Copy to Bill Lynch and Andy Somerville)
"Please tell me what you see in the Will of H. A. O'Connell (WB201 109) that would make it part of the current legal description?
Please tell me on what date Anthony M. O'Connell qualified as Trustee or Co-Trustee under the Will of H. A. O'Connell?
Anthony M.
O'Connell
, Trustee"
2008.01.28 4.21pm (Anthony
O'Connell
to Kevin Greenlief) (No copy to another)
"I am Trustee for parcel 0904 01 0017. Your records show (http://icare.fairfaxcounty.gov/Main/Home.aspx) the Will of H. A. O'Connell (WB201 109) as part of the current legal description for parcel 0904 01 001 7. Please tell me what you see in the Will of H. A. O'Connell that would make it part of the current legal description.
Thank you."
2008.02.20 4:16 pm (Anthony
O'Connell
to Kevin Greenlief) (No copy to another)
"Your records still show the Will of H. A. O'Connell (WB201 109) as part of the current legal description for parcel 0904 01 0017. Please tell me what you see in the contents of the Will of H. A. O'Connell that would make it part of the current legal description.
On what date did Anthony M. O'Connell qualify as Trustee or Co-trustee under the Will of H.A. O'Connell according to your records?
Thank you."
2008.02.20 4:17pm (Kevin Greenlief to Anthony O’Connell)
We have answered this question on numerous occasions Mr. O'Connell. If you would like to discuss the matter further, please call Linda Mellott of my staff at 703-324-4802.
2008.02.20, 4:30 pm (Anthony
O'Connell
to Lisa Overton and Steve Blizzard) (Copy to Bill Lynch and Andy Somerville)
Dear Stewart Title:
1988
"Please explain what happened during my April 21, 1988, sale of parcel 0902-01 -0085 where Stewart Title did the title search and was the settlement agent? Why does the deed say (Book7005 page 0634, underlines mine):
" ... the aforementioned Trustees hereby grant, bargain, sell and convey with Special Warranty, and the aforementioned Jean Miner O'Connell hereby grants, bargains, sells and conveys with General Warranty of title unto the Grantee, the following real estate.. ."
" ... whereas , Harold A. O'Connell died testate May 26, 1975, and by his Last Will and Testament recorded in Will Book 201 at Page 96, devised his interest to his executor Anthony M. O'Connell. Trustee: whereas Anthony M. O'Connell, Trustee, could not qualify and Herbert A. Higham, Trustee, was appointed to act in his place and stead".
Who wrote this deed?
Why is the Will of H. A.
O'Connell
referenced (WB 201 96) for parcel 0902-01 -0085? Did Stewart Title say or imply to my family that I was not qualified as Trustee under the Will of H.A. O'Connell?
Why did Stewart Title never contact me about anything during this sale when the sales contract states that I am the point of contact for the Seller? On what date did Anthony M. O'Connell qualify as Trustee or Co-trustee under the Will of H.A. O'Connell according to Stewart Title's records? Please explain why the Will of H. A. O'Connell (WB201 109) is still included as part of the current legal description for parcel 0904 01 0017.
On what date did Anthony. O'Connell qualify as Trustee or Co-trustee under the Will of H A. O'Connell according to Stewart Title's records?
2008
Please explain why the Will of H. A.
O'Connell
(WB201) 109) is still included as part of the current legal description for parcel 0904 01 0017.
On what date did Anthony M. O'Connell qualify as Trustee or Co-trustee under the Will of H.A. O'Connell according to your records?
Anthony M.
O'Connell
, Trustee for parcel 0904 01 0017"
2008.02.22 10.17pm (Anthony
O'Connell
to Kevin Greenlief) (No copy to another)
"Thank you for responding. Please send me a copy of what you are referring to. I have looked through my records and I do not see where you have answered these questions:
(1) "Your records still show the Will of H. A. O'Connell (WB201 109) as part of the current legal description for parcel 0904 01 0017. Please tell me what you see in the contents of the Will of H. A. O'Connell that would make it part of the current legal description."
(2) "On what date did Anthony M. O'Connell qualify as Trustee or Co-trustee under the Will of H.A. O'Connell according to your records?"
Thank you."
2008.02.23 6:43 am (Anthony
O'Connell
to Kevin Greenlief) (No copy to another)
"Thank you for responding.
Telephone communication does not leave a record of who said what. If there is a misunderstanding, telephone communication would leave no record to show who said what.
Why won't the Director answer these questions:
(1) Your records still show the Will of H. A. O'Connell (WB201 109) as part of the current legal description for parcel 0904 01 0017. What do you see in the contents of the Will of H. A. O'Connell that would make it part of the current legal description?
(2) On what date did Anthony M. O'Connell qualify as Trustee or Co-trustee under the Will of H.A. O'Connell according to your records?
Thank you."
2008.02.23 12:05am (Kevin Greenlief to Anthony O’Connell)
We have answered your e-mails each time you made inquiry over the last couple of years. Since you never acknowledged our replies, but simply kept sending the same inquiry, we finally stopped responding. At this point you should call Linda Mellott of my staff to personally discuss this matter at 703-324-4802; or, provide us your telephone number and Ms. Mellott will be happy to call you.
2008.02.23 7:48 am (Linda Mellott to Anthony O’Connell)
Per your request, I have copied Mr. Greenlief's previous response to your questions below:
"First, the legal description of this vacant parcel of 15 acres is "Accotink Station”. The Will Book reference is simply made as a convenience to help citizens (especially title examiners) determine the source of initial property transfer. Our listing does not affect your rights as trustee, nor does this impact the Land Records themselves. I do not understand your complaint that you "cannot properly perform your duties as Trustee until the confusions on the court records have been cleared away." There is no confusion in the court records. The chain of title as recorded in the Land Record Office speaks for itself and any title examiner or court would be able to follow the documents so recorded. The fact that we have listed the Will Book reference should have no impact on that whatsoever. Moreover, in our old computer system we had significant space constraints that limited the information we could list. Since the Will Book was the initial transfer (i.e.. the start of the chain), that is the reference we listed. As my staff has repeatedly said however, the Land Trust Agreement at DB 8307-1446 has also been listed on our records. It simply wasn't displayed in a box entitled "Legal Description."
In researching the available on-line Circuit Court documents, Anthony Miner O’Connell was qualified as co-trustee for the Estate of Harold Anthony O’Connell on June 20, 1986.
Please let us know if we may be of further assistance.
2008.02.23 1:05pm (Kevin Greenlief to Anthony O’Connell)
Please confirm receipt of Ms. Mellott's last e-mail. Thank you.
2008.02.23 8:24pm (Kevin Greenlief to Anthony O’Connell)
This is my response.
2008.02.23 6:53 pm (Anthony
O'Connell
to Kevin Greenlief) (No copy to another)
"Please, why won't the Director answer these questions?
(1) Your records still show the Will of H. A. O'Connell (WB201 109) as part of the current legal description for parcel 0904 01 0017 What do you see in the contents of the Will of H. A. O'Connell that would make it part of the current legal description?
(2) On what date did Anthony M. O'Connell qualify as Trustee or Co-trustee under the Will of H.A. O'Connell according to your records?
Please speak for yourself. Thank you".
2008.07.31 2:44pm (Kevin Greenlief to Anthony O'Connell) (Copy to Linda Mellott)
"My office gas answered your email on numerous occasions.Since you continue to send the same question and never respond further, we are sending no further response. As I have suggested before, if you want any further communication on this matter, please call Linda Mellott of my staff at 703-324-4833. If you are concerned about a long distance call, please send Ms. Mellott your telephone number and she will call you. With all due respect, there will be no further respobnse from our office on this matter.
Sincerely,
Kevin C. Greenlief, Director
Department of Tax Administration
Fairfax County, Virginia"
2008.02.24 5:55am (Anthony
O'Connell
to Kevin Greenlief) (No copy to another)
"Please, why won't the Director answer these questions?
(1) Your records still show the Will of H. A. -0'Connell (WB201 109) as part of the current legal description for parcel 0904 01 001 7. What do you see in the contents of the Will of H. A. O'Connell that would make it part of the current legal description?
(2) On what date did Anthony M. O'Connell qualify as Trustee or Co-trustee under the Will of H.A. O'Connell according to your records? Please speak for yourself. Thank you."
2008.03.17 6:14am Anthony
O'Connell
to Lisa Overton and Steve Blizzard) (Copy to Bill Lynch and Andy Somerville)
"I don't understand why you don't answer these questions:
(1) What do you see in the contents of the Will of H. A. O'Connell that makes you keep it in the current legal description for parcel 0904 01 0017?
(2) On what date did Anthony M. O'Connell qualify as Trustee or Co-trustee under the Will of H.A. O'Connell according to your records?"
Something is wrong. Perhaps my copy and your copy of the Will of H. A. O'Connell differ in some way. Would you please send me a copy of the Will of H. A. O'Connell that you have in your records? And highlight the part of this Will that makes you include it in the current legal description for the parcel that I am trying to sell, and highlight the part of this Will that made Ms Overton reference it in the deed for my sale of 1988, which contains the statement:
"Whereas by Deed" of Partition recorded in Deed Book 4026 at Page 454, the property was reconvened to Harold A. O'Connell as to an undivided one-half interest and to Jean M. O'Connell, as to an undivided one-half interest, whereas , Harold A. O'Connell died testate May 26, 1975, and by his Last Will and Testament recorded
in Will Book 201 at Page 96, devised his interest to his executor Anthony M. O'Connell, Trustee; whereas Anthony M. O'Connell, Trustee, could not qualify and Herbert A. Higham, Trustee, was appointed to act in his place and stead." (From Book 7005 page 634)
Please ask Bill Lynch to not speak for Stewart Title.
Thank you."
2008.04.11 7;37am (Anthony
O'Connell
to Amy Johnson) (No copy to another)
"I love you too, and thank you. Your email is direct and pertinent. I can't tell you how important that is. I will quote your comment or question and respond to it.
(1) "...and I don't want you to respond in emails of your reasoning because I just wouldn't get it from your perception."
I feel that the written word is the clearest way to try to describe something complicated, and it leaves a reference of who said what. It minimizes confusion. If you think there is a better way than my responding by email, please tell what it is.
Would you please explain what you mean by " I just wouldn't get it from your perception"? I am aware that my credibility has been destroyed. Is that what you mean?
(2) "..... I personally don't understand your reasoning for your name only to be on the sell of the contract. I thought that accotink was yours, my moms and aunt sheila's .....if it were to be sold then the profits would be of all three of you."
This hits the nail on the head. I think others may have been led to think the same as you. Would you please tell me why you thought I was trying to get all the proceeds? Did someone tell you this?
The Seller for Accotink will be the Trustee for Accotink. I will sell Accotink as Trustee and the proceeds go to the three Individuals: Jean Mary O'Connell Nader, Sheila Ann O'Connell, and Anthony Miner O'Connell. The Trustee receives a value added amount. Please read the Trust documents of 1992. There will be clear accounting showing where all the money went. It is necessary to differentiate between me as Trustee and me as an Individual.
If you see a sales contract for Accotink that says the Seller includes "Anthony Miner O'Connell, Individual", that is wrong. I will not sign any sales contract for Accotink that says this. Would you believe me when I tell you that I have been framed to appear that I do want this? That is why you have to see for yourself by reading attachment example 2. Please read it and study it and think about it until you understand the dynamics. I find it extremely stressful to do this but unless you do it, you will never understand what is going on and you will never believe me. History suggests that my sisters will be led to believe that I am trying to cheat them when I sell Accotink. One way is by this Trustee and Individual business in example 2. History suggests that it will be coming up again and again and again. And there is nothing I can do to stop it except to ask you to read and understand example 2.
I will have to put a clause in the sales contract that will allow the Seller to get out of the contract without penalty or other damage if the dynamics such as the above start to interfere.
(3) " .... It all just seems to me that your relationships with your sisters are stressed and to me financial issues aren't worth that."
This also hits the nail on the head (as my Mother would say). To determine (1)who is the source of the problems, and (2) who has the power to stop the problems, please try to read my email and attachments of April 6, 2008. It is not me.
To show why all the conflict, confusion and stress was put upon us during the handling of my Mother's estate, it is necessary to find out where all the money went. But we don't have the power to do it.
I love you Amy, Uncle Tony
Live Love Laugh but don't let them steal the money you've been entrusted to protect"
2008.04.15 1.44pm (Anthony
O'Connell
to Kevin Greenlief) (No copy to another)
"Court records such as Book 207 page 170 should that I qualified as Trustee or Co-Trustee under the Will of H. A. O'Connell on June 20, 1986. But Book 7005 page 634 says, on April 21, 1988, that I could not qualify as Trustee or Co-Trustee:
"Whereas by Deed of Partition recorded in Deed Book 4026 at Page 454, the property was reconvened to Harold A. O'Connell as to an undivided one-half interest and to Jean M. O'Connell, as to an undivided one-half interest, whereas, Harold A. O'Connell died testate May 26, 1975, and by his Last Will and Testament recorded in Will Book 201 at Page 96, devised his interest to his executor Anthony M. O'Connell, Trustee; whereas Anthony M. O'Connell, Trustee, could not qualify and Herbert A. Higham, Trustee, was
appointed to act in his place and stead. (From the deed of April 21, 1988 in Book 7005 at page 634).
Which one is true?
I am concerned that what happened on April 21, 1988, may happen again when I sell parcel 0904 01 0017. Would you please take a clear and accountable position on the following so that all concerned can rely upon it?
(1) On what date did Anthony M. O'Connell qualify as Trustee or Co-trustee under the Will of H.A. O'Connell according to your records?
(2) What do you see in the contents of the Will of H. A. O'Connell that makes you include it in the current legal description for parcel 0904 01 001 7?
Thank you."
2008.05.04 9:07am (Anthony
O'Connell
to Kevin Greenlief) (Copy to Jean Nader and Sheila O'Connell)
"Court records such as Book 207 page 170 show that I qualified as Trustee or Co-Trustee under the Will of H. A. O'Connell on June 20, 1986. But on April 20, 1988, 1 found that I had been put is a position that gave me no prudent choice but to sign a deed for my sale of parcel 0902 01 0085 that said I could not qualify as Trustee or Co-trustee. That deeds says:
"Whereas by Deed of Partition recorded in Deed Book 4026 at Page 454, the property was reconvened to Harold A. OConnell as to an undivided one-half interest and to Jean M. O'Connell, as to an undivided one-half interest, whereas , Harold A. O'Connell died
testate May 26, 1975, and by his Last Will and Testament recorded in Will Book 201 at Page 96, devised his interest to his executor Anthony M. O'Connell, Trustee; whereas Anthony M. O'Connell, Trustee, could not qualify and Herbert A. Higham, Trustee, was appointed to act in his place and stead". (From the deed of April 21, 1988 in Book 7005 at page 634).
Which one is true?
I am concerned that what happened at the settlement on my sale of parcel 0902 01 0085 may happen again when I sell parcel 0904 01 0017. Would you please take a clear and accountable position on the following so that all concerned can rely upon it? My family needs this. It's been a long time.
(1) On what date did Anthony M. O'Connell qualify as Trustee or Co-trustee under the Will of H.A. O'Connell according to your records?
(2) What do you see in the contents of the Will of H. A. O'Connell that makes you include it in the current legal description for parcel 0904 01 0017?
Thank you."
2008.05.04 11:57am (Anthony O'Connell to Steve Blizzard and Lisa Overton) (Copy to Bill Lynch and Andy Somerville)
"Please correct me if I'm wrong. Stewart Title has been doing a title search on parcel 0904 01 0017 for about two years now. The same Ms Lisa Overton that is doing this title search on parcel 0904 01 0017 is the same Ms Lisa Overton who did the title search and was the settlement agent of my sale of parcel 0902 01 0085 on April 21, 1988.
Court records such as Book 207 page 170 show that I qualified as Trustee or Co-Trustee under the WIII of H. A. O'Connell on June 20, 1986. But on April 20, 1988, 1 found that I had been put is a position that gave me no prudent choice but to sign a deed for my sale of parcel 0902 01 0085 that said I could not qualify as Trustee or Co-trustee. That deed says:
"Whereas by Deed of Partition recorded in Deed Book 4026 at Page 454. the property was reconvened to Harold A. O'Connell as to an undivided one-half interest and to Jean M. OConnell, as to an undivided one-half interest, whereas, Harold A. O'Connell died testate May 26, 1975, and by his Last Will and Testament recorded in Will Book 201 at Page 96, devised his interest to his executor
Anthony M. O'Connell, Trustee; whereas Anthony M. O'Connell, Trustee, could not qualify and Herbert A. Higham, Trustee, was appointed to act in his place and stead. (From the deed of April 21, 1988 in Book 7005 at page 634).
Which one is true?
Page 10 of the purchase agreement for my 1988 sale states that I am the point of contact for the Seller. Why did Ms Overton never contact me about anything? Why did I have to drive from Missouri to Virginia the day before settlement to try to find out what was going on?
I am concerned that what happened at the settlement on my sale of parcel 0902 01 0085 will happen again when I sell parcel 0904 01 0017. Would you please take a clear and accountable position on the following so that all concerned can rely upon it?
(1) On what date did Anthony M. O'Connell qualify as Trustee or Co-trustee under the Will of H.A. O'Connell according to your records?
(2) What do you see in the contents of the Will of H. A. O'Connell that makes you include it in the current legal description for parcel 0904 01 001 7?
Thank you.
Anthony M. O'Connell, Trustee for parcel 0904 01 0017"
2008.05.19 10:46am (Anthony
O'Connell
to Kevin Greenlief) (Copy to Jean Nader and Sheila O'Connell)
"I am concerned that what happened at the settlement on my sale of parcel 0902 01 0085 will happen again when I sell parcel 0904 01 0017. 1 don't understand why it is impossible to find out where all the money went from my sale of parcel 0902 01 0085.
Court records such as Book 207 page 170 show that I qualified as Trustee or Co-Trustee under the Will of H. A. O'Connell on June 20, 1986. But on April 20, 1988, I found that I had been put is a position that gave me no prudent choice but to sign a deed for my sale of parcel 0902 01 0085 that said I could not qualify as Trustee or Co-trustee. That deeds says:
"Whereas by Deed of Partition recorded in Deed Book 4026 at Page 454, the properly was reconvened to Harold A. O'Connell as to an undivided one-half interest and to Jean M. O'Connell, as to an undivided one-half interest, whereas, Harold A. O'Connell died testate May 26, 1975, and by his Last Will and Testament recorded in Will Book 201 at Page 96, devised his interest to his executor Anthony M. O'Connell, Trustee; whereas Anthony M. O'Connell, Trustee, could not qualify and Herbert A. Higham, Trustee, was appointed to act in his place and stead." (From the deed of April 21, 1988 in Book 7005 at page 634).
Would you please take a clear and accountable position on the following so that all concerned can rely upon it when I sell parcel 0904 01 001 7?
(1) On what date did Anthony M. O'Connell qualify as Trustee or Co-trustee under the Will of H.A. O'Connell according to your records?
(2) Is Book 207 page 170 true, or is Book 7005 page 634 true? Which one should my sisters, Sheila Ann O'Connell and Jean Mary O'Connell Nader, who have an interest in parcel 0904 01 0017, believe?
(3) What do you see in the contents of the Will of H. A. O'Connell that makes you include it in the current legal description for parcel 0904 01 0017?
Thank you."
2008.05.21 10:45 am (Anthony
O'Connell
to Lisa Overton and Steve Blizzard) (Copy to Bill Lynch and Andy Somerville)
"Please correct me if I'm wrong. Stewart Title has been doing a title search on the real estate I am trying to sell, parcel 0904 01 0017, since February of 2005. The same Ms Lisa Overton that is doing this title search on parcel 0904 01 0017 is the same Ms Lisa Overton who did the title search and was the settlement agent of my sale of parcel 0902 01 0085 on April 21, 1988.
Parcel 0904 01 0017 was put into a Virginia Land Trust in 1992 with me as Trustee. All the documents creating this Virginia Land Trust (DB8307-1446, DB8845-1444, and DB8845-1449) were signed by '!Anthony Miner
O'Connell
,
Trustee under the last Will and Testament of Harold A. O'Connell" when I, as Trustee u/w of H. A. O'Connell, conveyed that portion of parcel 0904 01 0017 that was in the Testamentary Trust to the Virginia Land Trust. If it is said, as it was in the deed of 1988, that I could not qualify at Trustee under the Will of H. A. O'Connell, this conveyance would not be valid. And history suggests that others would use that to takeover.
Please take a clear and accountable position on the following so that all concerned can rely upon it:
(1) On what date did I qualify as Trustee or Co-trustee under the Will of H.A. O'Connell according to your records?
(2) Can you think of any reason for the Will of H. A. O'Connell to be included in the current legal description for parcel 0904 01 0017 other than for it to be used as it was in 1988; to reference it in saying that I could not qualify as Trustee under the Will of H. A. O'Connell?
It is impossible to find out where all the money went from my sale of parcel 0902 01 0085. 1 am concerned that what happened in that sale will happen again when I sell parcel 0904 01 0017. The situations are similar. In 1988 the Will of H. A. O'Connell is referenced in the deed in saying that I could not qualify as Trustee u/w of H. A. O'Connell. In 2008 the Will of H. A. O'Connell is included as part of the legal description for parcel 0904 01 0017, and no one will say why.
Please ask Bill Lynch to not speak for Stewart Title. Please take a clear and accountable position in answering the questions above so that all concerned can rely upon it, and I can sell parcel 0904 01 0017.
Thank you."
2008.07.30 (Anthony O'Connell to Lisa Overton and Steve Blizzard) (Copy to Bill Lynch and Andy Somerville)
"I believe it's been more than three years now since your client promised me that Stewart Title would provide a title search for parcel 0094 01 0017 before we signed a sales contract. Why does Stewart Title still refuse to answer a basic question such as:
(1) On what date did I qualify as Trustee or Co-trustee under the Will of H.A. O'Connell according to your records?
Thank you.
Anthony Miner O'Connell, Trustee for parcel 0904 01 001."
2008.07.31 5:22am (Anthony O'Connell to Kevin Greenlief)
"I am concerned (understatement) that what happened at the settlement on my sale of parcel 0902 01 0085 in 1988 will happen again when I sell parcel 0904 01 0017. Please answer the following so that all concerned can rely upon your answers:
(1) Why do you continue to include the 1975 Will of H A. O'Connell at Will Book 201 96 in the current legal description for parcel 0904 01 0017 when it has been superseded by the 1992 deed at Bk8307 1446?
(2) Why are you not treating the deed at Bk8307 1446 as a deed?
(3) Why are you not treating "Anthony Miner O'Connell, Trustee", as it says in the deed at Bk8307 1446, as the Grantee?
(4) Why are you not treating "do hereby grant and convey to the Grantees as trustees." as it says in the deed at Bk8307 1446, as granting and conveying to the grantee as trustee?
(5) Why are you not treating "TO HAVE AND TO HOLD the Property in fee simple" as it says in the deed at Bk8307 1446, as to have and to hold the property in fee simple?
(6) Why are you not treating the transfer of ownership to the Trustee is this deed as a transfer of ownership to the Trustee? (It seems that my sisters, who have an interest in parcel 0904 01 0017, have already been led to believe that I am trying to transfer ownership to me as an individual, rather than to me as Tusttee).
(7) According to your records, was I qualified or not qualified as Trusttee under the last Will and Testament of Harold A. O'Comell when I signed the deed at Bk8307 1446 as "Anthony Miner O'Connell, Trustee under the last Will and Testament of Harold A. O'Connell" on October 16,1992?
(8) According to your records, was I qualified or not qualified as Trustee or Co-Trustee under the last Will and Testament of Harold A. O'Connell when I signed the deed at Bk7005 0634 as "Anthony M. O'Connell, Trusttee" on April 21,1988?
Thank you.
Anthony M. O'Connell, Trustee for parcel 0904 01 0017"
2009.08.03 6:41am (Linda Mellott to Anthony O'Connell) (Copy to Kevin Greenlief)
"Our records indicate that ANTHONY M OCONNELL TR is the current owner of parcel 0904 01 0017.
In regard to the 2009 first installment taxes for this parcel, a payment was received on May 28, 2009 for the amount of $6,500.00. The check number was 115 drawn on an account with First & Citizen Bank. The payment was applied to the 2009 first installment taxes prior to our billing extract, so a 2009 tax bill was not generated since the 1st installment was paid in full. The screen shot below displays the taxes, and payment information. The cycle 6 tax is the result of the Board of Supervisor's adopting an ordanance for Storm Tax District 1 effective July 1, 2009 for support of stormwater service operations and project activities."
["screen shot" image inserted]
The second installment real estate tax bills will be mailed by November 5, 2009 and payable by December 7, 2009.
Please contact our office at 703-222-8234 if we may be of further aisitance.
Linda Mellott
Management Analyst
Real Estate Division. DTA
703-324-4833"2009.08.05 8:26am (Kevin Greenlief to Anthony O'Connell) (Copy to Linda Mellott)
"Your response is below from Linda Mellott of my staff
Sincerely,
Kevin C. Greenlief, Director
Department of Tax Administration
Fairfax County, Virginia"
(Note: I do not know what Kevin Greenlief is referring to by "Your response is below from Linda Mellott of my staff.")
2009.08.21 letter (Linda Mellott to Anthony O'Connell) (Copy to Kevin Greenlief)
"According to our records, Anthony M O'Connell TR is the current owner of parcel 0904 01 0017.
In regard to the 2009 first installment taxes for this parcel, a payment was received on May 28, 2009 for the amount of $6,500.00. The check number was 115 drawn on an account with First & Citizen Bank. The payment was applied to the 2009 first installment taxes prior to our billing extract, so a 2009 tax bill was not generated since the 1st installment was paid in full. The screen shot enclosed displays the taxes, and payment information. The cycle 6 tax is the result of the Board of Supervisor's adopting an ordanance for Storm Tax District 1 effective July 1, 2009 for support of stormwater service operations and project activities."
The second installment real estate tax bill in the amount of $6,418.10 will be mailed by November 5, 2009 and payable by December 7, 2009. will be mailed by November 5, 2009 and payable by December 7, 2009.
Please contact our office at 703-222-8234 if we may be of further asisitance.
Sincerely,
Linda C. Mellott
Management Analyst
Real Estate Division. DTA
703-324-4833
Enclosure
cc: Kevin Greenlief, Director
Department of Tax Administration"
["screen shot" image. See pdf reference]
|