Public Mediation

My Claim vs. Monica Bramell Aka Monica S Ross Aka Monica S Colvin

V. M. vs. Monica Bramell Aka Monica S Ross Aka Monica S Colvin
2017 S Grand Ave, Sedalia, Missouri, 65301-8063, United States
Amount Involved: Other terms
Complaint(s): Other
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: 2 non-monetary items.
    • Claim #: 8937805
    • Amount Involved: N/A
    • Filed On: Jan 09, 2021
    • Posted On: Jan 20, 2021
    • Complaint(s):
      • Other
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Statement of Claim
Claimant says:
"1-9-2021
ATTENTION:
Monica S Ross
Monica S Colvin
Monica Bramell 
 
Monica,
My father died. You are out-of-contract.

We are not interested in renewing the contract.

"the personal services exception, which terminates a contract at death, is the notion that a party should not be forced into a contract with a stranger, such as the decedent’s executor or other successor. “Delectus Personae was the Law Latin catch phrase to indicate that a party had a right to choose the person with whom to deal.” Perillo, supra, § 18:28, at 668."


https://www.americanbar.org/groups/real_property_trust_estate/publications/probate-property-magazine/2019/march-april/burying-contracts-the-dead/

You defaulted numerous times & in trying to be understanding of your circumstance, I was lenient. I will no longer afford you such a luxury.
In a text, you told me you were blocking me. You told me if I needed to contact you in the future that I could do so on paper.
You defaulted several times in being late with payments. At one point payments were neglected for 3 or 4 months and I had to call or text you to remind you. 
You defaulted by not keeping the property maintained & were asked to send pictures of the work done & failed to do so. You expected me to believe you although you didn't deserve to be believed based on previous things.
 You promised me the payments would all be in by the 8th of each month. The 8th at the very latest, so as to not cause me to be late paying my own bills.
 You defaulted by removing trees or shrubs or bushes. That is just what could be seen in the front without much effort. I could see by using Google Streetview that the hedge that separates 2017 from the property to the North of it was terribly overgrown. Although it cost me extra to get it trimmed when we lived there, it was paid in order to try to keep it looking as good as the neighbors. That is a part of the maintenance you contracted to do in order to fulfill the contract. You defaulted by not doing the maintenance you contracted to do, in the contract. This "border hedge" did not even look like it was the same hedge, tho it was, in the uncared-for state. It upset me to such a degree that I made a Youtube screencast about it. You can see it at this url.: https://www.youtube.com/watch?v=GPSCgKdrQs0 . It clearly shows the neglect & removal of what was not to be removed, as you contracted.
 
"Time is of the essence" clause: (see page 5 of your contract) 



Your contract is TERMINATED.
"TIME IS OF THE ESSENCE" was breached in several ways.
In the first instance, you wrote in the wrong year that the contract was made.

 
That may have been something that the Notary Public caught before everyone signed & had you correct it.
 
The "9" (nine) you formed at the end of the contract (last page) looks like a NINE as it should, not like a SEVEN. 
 

I opened the contract with Google Docs & it shows what should be a "9" (nine) is a "7" (seven).
 

As it can be seen on page -5- of the contract



There are multiple gaps here. Time of the Essense - Time is of the essence
(a forfeiture clause)

Too many blank fields. This is from page -1- & -2- of the contract.
 
 
That is explained here:
https://hmbtx.com/common-real-estate-contract-mistakes/
which states:

pages 1 & 2 of the contract. Many blank fields.

 "TIME IS OF THE ESSENCE." 
 




Inconsistency is shown by the use of "he" & "she" in place of proper names.

I am not at all sure why this section was not left alone. It appears you were attempting to confuse someone.
THAT part, you did do. My dad was in his eighties (80s) Also, my dad didn't initial this "action" you implied (wrote-in)
It is on page -1- in the first paragraph. You hand-wrote a notation in this same paragraph *declaring* that you were a single person & my dad also, a single person.
Again, you chose the contract. I am wondering why you then felt it was not good enough to use as it was without the alterations you made.

You chose the CONTRACT FOR DEED because you could not get a loan. Good-heartedness kicked-in & my dad allowed you to contract because he felt mercy about your circumstances.
That is not always "good business practice". You chose the CONTRACT FOR DEED because you didn't want to go through the legalities that are required in other types of contracts.
In the beginning, you stated; "I will do anything for this house!" This is not what we see happening. 
   "Anything" for the house would have had payments in on time.
   "Anything" for the house would have maintained everything that was supposed to be maintained. The house wouldn't have needed a LIST of items that had fallen into disrepair.
   "Anything" for the house would not need reminders along the way to send in proof-of-insurance & the paid taxes receipts as was the case in years past. A call had to be made at least two times requesting those      items be sent. To this date, we have yet to receive pictures of completed work. You were treated very leniently concerning this. You agreed to send pictures so we could stay off the property as you demanded we do.This was a pleasure. you blocked texts from me so that is not an option. You may NOT send pictures to my phone. You may contact me via the US Mail or by some other form of physical delivery service.
You may respond to:

Juliette Reinbold
314 S 5th
Clinton, Mo 64735

 

(found here:  https://shererlaw.com/contract-deed-good-buyer-bad-seller/ ) 
 
On page -6-: If we need to involve the court...

 
page -6-

Monica, if you did not intend to honor the contract, which in certain instances which I am showing 
you is apparent 
the contract would be free of this statement. In this statement (above) 
BUYER agrees to return the property. 
So we will be expecting you to mail all keys to:
Juliette Reinbold
314 S 5th
Clinton, Mo 64735
Your contract lapsed into default & is defunct. Your contract is VOID by your own doing
(as well as your "not doing" specific things mentioned within the contract.)
 
... You chose this contract yourself and took it to my dad. Yet, apparently, you were not 
satisfied with your own choosing to fulfill the obligations within it that you took to the signing table 
at Landmann Title. You chose to not go along with your own terms, Terms you yourself drew-up.
 

Second paragraph, page one.

 

 
You are hereby granted 30 days to vacate the property at 2017 S Grand Ave. , Sedalia, Mo. 65301 & to return the keys.
We also request that the brown freezer & black refrigerator be left. Neither were designated in the contract to be a part of the sale. 
You were allowed to use them/ to borrow them, having had none of you own at the time (2009).
 
No reimbursements will be made for payments or work done, as you were given full usage of the property. The payments 
(or lack of & lack of them being on-time)
are viewed as rent & nonrefundable.
 
Thank you very much
Veronica L. Myers
legal heir of
Andrew C. Smith Jr.
R.I.P.
 


"
Reply Have a similar problem?
What Claimant Wants Hide
Non-Cash
What By When How Much
1. Change of policy: Seller died - there is no contract Mar 09, 2015 N/A
2. vacate Feb 09, 2021 N/A
Cash
1. Seller died Mar 09, 2015 $0.00
2. Other – Physical delivery charges Mar 09, 2015 $4.99
Cash total : $4.99
Non-cash: 2 items
  • 0
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Respondent's Counteroffer


There has been no response to this claim from Monica Bramell Aka Monica S Ross Aka Monica S Colvin. This claim will remain posted until resolved
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