2005.03.20   12:26pm   (Anthony O'Connell to Bill Lynch)
"If you give me the FEDEX tracking number I can also tract it fiom here.
Tony"

2005.03.21   12:15pm   (Anthony O'Connell to Bill Lynch)
"I received your regular mail today in the white envelope.
The $100 check is for my bet that you could not get a title search done in ten weeks.
Thanks for emailing the revised contract. I believe email is the best form of communication.
Tony"

2005.03.25   6:14am   (Anthony O'Connell to Bill Lynch and Andy Somverville) (Copy to Anthony O'Connell)
"Thank you for having a title search done and for sending me a copy.
History suggests that it would be prudent to do a title search before signing a contract. I wanted the title company to:
(1) Determine exactly who is the Seller
(2) Expose and describe any potential problem with the title.
(3) Describe exactly what would have to be done to correct any potential problem with the title.
(4) Not find surprises later.
I'm sure you already know this, and I apologize if I am insulting your intelligence, but I want to reference West Business Law, 6th edition, pages 1014 -1015, for their description of a title examination (highlights in red are mine):
"Title Examination. After the sales contract has been negotiated, the buyer or the buyer's attorney (or the escrow agent, title insurance company, or lending institution from which the purchase price is borrowed) performs a title examination. This entails examining at the county recording office the history of all past transfers of, liens on, and sales of the property in question.
A contract for a sale of land includes the seller b implied obligation to transfer marketable title. Marketable title is title that is free from encumbrances (such as mortgages and restrictive covenants, both of which are discussed below), defects in the chain of title (such as a previous sale of the property by the seller), and other events that affect title (such as adverse possession and eminent domain, both of which are discussed below). Title is considered marketable even if the property is subject to zoning restrictions or public easements, such as sidewalks and sewers. If a title examination uncovers a material defect that has not been disclosed in the contract, the seller is considered to have breached the contract, and the buyer may seek any appropriate remedies (damages, rescission, or specific performance with a price adjustment).
Title examinations are not foolproof and buyers of real property generally purchase title insurance to protect their interests in the event that some defect in the title was not discovered during the examination. A title insurance policy insures against loss resulting from any defects in the title and guarantees that if any defects do arise, the title company issuing the policy will defend the owner's interests and pay all legal expenses involved".
Would you be willing to answer some questions about Stewart Title's title search and Commitment for Title Insurance?
Question 1 (a thru e):
Stewart Title's Schedule A, item 4, states in part:
"AND BEING Deed in Trust under Land Trust Agreement recorded in Deed Book 8307 at page 1446, (Also see Power of Attorney and Land Trust Agreement recorded in Deed Book 8845 at Pages 1444 and 1449, respectively.)"
All .three of these above mentioned documents are signed by "Anthony Miner O'Connell , Trustee under the Will and Testament of Harold A. O'Connell ".
But deed book 7005 at page 0634, states in part:
"Where as by Deed of Partition recorded in Deed Book 4026 at Page 454, the property was reconveyed to Harold A. O'Connell as 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, could not qualify and Herbert A Higham, Trustee, was appointed to act in his place and stead "
If "Anthony Miner O'Connell , Trustee under the Will and Testament of Harold A. O'Connell ", could not qualify as Trustee under the Will and Testament of Harold A. O'Connell, then the three documents mentioned in Stewart Title's item 4 would be invalid. It is essential for Stewart Title to determine if Anthony O'Connell did or did not qualify as Trustee under the Will of Harold A. O'Connell.
(a) Would Stewart Title please address Book 7005 page 634? It is in the chain of title.
(b) Is it Stewart Title's position that Anthony O'Connell did, or did not, qualify as Trustee under the Will of Harold A, O'Connell?
(c) Does Stewart Title see any conflict with Will Book 201 page 109 still being used in the tax records today as part of the legal description for Accotink?
(d) Is it Stewart Title's position that Will Book 201 page 109 has been superseded, or has not been superseded?
(e) Would Stewart Title please address the Deed of Partition in Deed Book 4026 at Page 454. It is part of the chain of title.
Question 2:
Why does Stewart Title require, in their Schedule B, Section 1, item 7, that Anthony Miner O'Connell sign the deed as an individual?
("7. Proper instrument(s) creating the estate or interest to be insured must be executed, delivered, and duly filed for record, to wit: A. Deed from ANTHONY MINER O'Connell , TRUSTEE, and ANTHONY MINER O'CONNELL, INDIVIDUALLY (and spouse(s), if any; Martial status to be recited), to LONG BRANCH PAR7NERS L. L. C., vesting fee simple title to the subject property.")
Question 3:
Stewart Title states in their Schedule B, Section 11, that:
"NOTE: The actual value of the estate or interest to be insured must be disclosed to the Company, and subject to approval by the Company, entered as the amount of the policy to be issued. Until the amount of the policy to be issued shall be determined, and entered as aforesaid, it is agreed that as between the Company, the applicant for this Commitment, and every person relying on this Commitment, the Company cannot be required to approve any such evaluation in excess of $1 00,000.00, and the total liability of the Company on account of this Commitment shall not exceed said amount. "
Why is Stewart Title limiting themselves to $100,000 of liability when the County's assessed value for the property is $726,000, and their client's offer for it is $1,200,000? What is it that "must be disclosed to the Company"? By who? Why would Stewart Title make anyone but themselves accountable for disclosing anything in a title search?
Question 4:
Stewart Title states in their Schedule B, Section 1, item 12, that:
"SETTLEMENT TO BE CONDUCTED BZ STEWART TITLE AND ESCROW INC. OR THIS COMMITMENT IS NULL AND VOID AND CANNOT BE RELIED UPON BY EITHER PARTY."
How would this affect the Seller? Is this saying that Stewart title can put requirements on the Seller?
What legal rights would the Seller be giving up to Stewart Title, if any?
Question 5 (a - e):
(a) Does the property have a clear Title?
(b) If not, what is the problem(s)?
(c) If not, what must be done to correct the problem(s)
(d) Who has the legal right to sell the property?
(e) What level of accountability does Stewart Title accept in a title search?
Sincerely,
Anthony O'Connell , Trustee"

2005.03.27   4:57pm   (Anthony O'Connell to Bill Lynch and Andy Somverville)
"Happy Easter.
I just saw your last two emails. There were only supposed to be two pdf attachments on my email to you concerning Stewart title. No Notepads attachments were intended.
I have to go to Tucson this evening, about 220 miles away, I'll be back late tomorrow. I'll get back to you.
Tony"

2005.03.28   9:57pm   (Anthony O'Connell to Bill Lynch)
"I just got back from Tucson.
Have a wonderful time in Europe with your daughter.
Tony"

2005.04.08   12:47pm   (Anthony O'Connell to Bill Lynch and Andy Somverville) (Copy to Anthony O'Connell)
(Editing note: This email is in response to Bill Lynch's 2005.03.26   2:32pm email which was a response to Anthony O'Connell 's 2005.03.25   6:14am email). 
"Hi Bill and Andy,
This is in response to Bill's email dated March 26, 2005, 2:32 pm (repeated here in large blue text). There is one large pdf file (37 pages at 1.55mb) attached and it is called "Surprisel988"
"Tony -
I got your email and I'm trying to figure out the answers to your questions. But first, there were six attachments to your email, but I was unable to open the "Notepad" documents. The PDF's were fine. Can you resend the others?
Would you please send me a copy of what you received with six attachments? The copy to me included the correct attachments (the two pdf attachments and no other).
Generally speaking, I think you have the power to convey.
However, I also think that from reading the land trust agreement, you have the duty to notify all of the beneficiaries of the trust of your intention to sell the property. "...but no such sale may be made until after reasonable notice thereof is given to all of the Beneficiaries." See Paragraph 4.05 of the Trust Agreement.
I need the Title Company take a clear and accountable position on who the Seller is so that all concerned can rely upon it, before the Seller officially does anything.
Paragraph 7 of the Trust Agreement states that any third party, (i.e.: me or the Title Company) need not look beyond you to the Trust Agreement for authority. We can rely on the Power of Attorney of record. That is why the Title Company says that you can convey. However, I would hate to get involved in a deal that would expose you to suits from your sisters.
The way to avoid suits from (1) the unknown advisors using my sisters, (2) the Buyer, and (3) who knows who else, is to have the Title Company examine everything in the chain of title. This is why I asked for a title search before entering into a contract.
I think it is an even bet that once the Title Company ponders the language in Para. 4.05, they will condition their commitment upon having the signature of all the beneficiaries on the Deed or a resolution authorizing the Trustee to convey.
Why? If you or the Title Company believes that I have done something wrong would you please describe exactly what it is? If any parts of the land trust documents are not straight forward would you please ask the Title Company to point those parts out?
Do you want me to ask them specifically?
At this point my sisters are under the influence of unknown advisors who make money disappear. At this point asking my sisters to determine policy is the equivalent of asking the unknown advisors who make money disappear to determine policy. I need to make this clear. The Buyer needs to understand and respect this. This is why 1 asked for a title search before entering into a contract.
For example, my sisters will forever believe Book 7005 page 634 stating that 1 could not qualify as Trustee under the Will of Harold A. O'Connell is true, until someone in a powerful position of trust, such as a Title Company, exposes it. At this point my sisters will not believe me. What is the Title Company's position on the documents in the chain of title in "Surprisel988"?
(I suspect that just asking the question will invoke a "belt and suspenders" response.)
Regarding the documents of record, basically everything that precedes the conveyance of the property to you and your sisters and subsequently to the Land Trust is rendered moot by the Land Trust Agreement.
All parties with an interest in the property signed the conveyance to the Trust, so the Trust is The Owner. I see no reason to question the validity of the Ownership. I suspect that this is not the information you were hoping to receive, but these are my honest opinions.
I appreciate your opinion but I am relying upon West Business Law, 6th edition, pages 1014 -1015, (Underlines are mine):
"Title Examination. After the sales contract has been negotiated, the buyer or the buyer's attorney (or the escrow agent, title insurance company, or lending institution from which the purchase price is borrowed) performs a title examination. This entails examining at the county recording office the history of all past transfers of, liens on, and sales of the property in question.
A contract for a sale of land includes the seller's implied obligation to transfer marketable title. Marketable title is title that is free from encumbrances (such as mortgages and restrictive covenants, both of which are discussed below), defects in the chain of title (such as a previous sale of the property by the seller), and other events that affect title (such as adverse possession and eminent domain, both of which are discussed below). Title is considered marketable even if the property is subject to zoning restrictions or public easements, such as sidewalks and sewers. If a title examination uncovers a material defect that has not been disclosed in the contract, the seller is considered to have breached the contract, and the buyer may seek any appropriate remedies (damages,
rescission, or specific performance with a price adjustment.
Title examinations are not foolproof, and buyers of real property generally purchase title insurance to protect their interests in the event that some defect in the title was not discovered during the examination. A title insurance policy insures against loss resulting from any defects in the title and guarantees that if any defects do arise, the title company issuing the policy will defend the owner's interests and pay all legal expenses involved".
I need a Title Company to examine everything in the chain of title and to take a clear and accountable position on their findings. I need a title company that will provide straight forward answers with no ambiguity. Answers that everyone concerned can rely upon, 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?
Once I get the Notepad documents, I can start asking the Title Company about your questions.
Bill"

2005.04.29   7:41am   (Anthony O'Connell to Bill Lynch and Andy Somverville)
"Bill, welcome back from Europe.
Thank you for initiating a title search on Accotink and for your telephone call on April 28, 2005.
Before-entering into a contract, I need a title search with straight forward information that all concerned can rely upon. I can not emphasize that enough. I need a title search with straight forward information that all concerned can rely upon. If Stewart Title is unclear about any part of my April 8, 2005, questions concerning their Commitment 05001493, would you please ask them to explain what it is?
If you give me your permission and their email address I would be happy to contact them directly.
Tony"

2005.04.30   5:18am   (Anthony O'Connell to Bill Lynch and Andy Somverville)
"I need a title search on Accotink that provides straight forward information that all concerned can rely upon. I can not emphasize that enough. I need a title company to examine everything in the chain of title and. to take a clear and accountable position on their findings. I need a title company that will provide straight forward answers with no ambiguity 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?
If Stewart Title is unclear about any part of my April 8, 2005, questions concerning their Commitment 05001493, would you please ask them to explain what it is? If you give me your permission and their email address I would be happy to contact them directly.
Tony"

2005.05.10   8:08am    (Anthony O'Connell to Bill Lynch and Andy Somverville) (Copy to Anthony O'Connell)
"Thank you for your telephone message on May 9th, and. for returning the title commitment to the title company. Before entering into a contract, I need a title search with straight forward information that all concerned can rely upon. I can not emphasize that enough. I need a title company to examine everything in the chain of title, and to take a clear and accountable position on their findings. I need a title company that will provide straight forward answers with no ambiguity, 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?
For these same reasons; to avoid or at least minimize confusion and misunderstandings, would you please communicate with me by email instead of the telephone?
Thank you again for returning the title commitment to the title company.
Tony"

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)
"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"

2005.10.18   (letter) (Anthony O'Connell to Jean Nader and Sheila O'Connell)
"Sheila, congratulations on moving to your new place! What a giant step that was. Carol and I will be visiting Rich in Albuquerque in mid November and hope to see his band play. They played a lot in October.
Jean, thanks for your note and the photo of me holding John when I visited you in Okinawa. I will send you the old photographs I have of our family
I can't tell you how much I want to sell Accotink. But neither of you understand that if I signed a sales contract for Accotink, that under the present conditions, I could not stop money from disappearing. I can not even convince you to find out where the money went in mother's estate.
Since you do not believe me, the situation continues to remain hopeless. Unless at least one of you decides to find out on your own. At least one of you would actually have to find out where the money went in mother's estate. It is common sense. If you do that, I believe you can not help but to begin to discover how it was done, and see the same patterns for Accotink.
Jean, you have to overcome your fear of finding out where the money went in mother's estate. You have to stop doing what the people, who do not what you to find out where the money went, want you to do. You have to actually find out where the money went in mother's estate. It is common sense. Fourteen unsuccessful years of my trying to get some public entity to come in and help suggest that no public entity is going to come in and help. You are intelligent. Please find out who the bad guys actually are. You have to find out, you have to overcome your fear of finding out, you have to stop being used, you have to stop working unwittingly for the people who don't want you to find out where the money went. I believe constant unrelenting stress can ruin a person's health. You do not believe me. You absolutely, positively have to find out on your own, or we all remain trapped is this helpless situation.
Love, Tony

2006