Monday, May 15, 2017

Where are the proceeds of sale of Lot 52 in The Crossings

From: John Sellers []
Sent: Sunday, May 14, 2017 12:51 PM
Cc: Paul O. Mittelstadt <>; Robert B. Zelms <>;; MARK REECE CPA <>;;;; Steve Little <>; CHPhoenix <>
Subject: Foreclosure Moneys in respect of Lot 52

Ms. Linsmeier
As you seem to be the source of all truth and bright light these days at Carpenter Hazlewood, I have a question for you on the Crossings which is not within the purview of the action the subject of the June 5th Hearing in Yavapai Superior Court.
Based on information and belief:
  1. Carpenter Hazlewood acted as debt collector in the matter of alleged outstanding’s and foreclosure with respect to lot 52. See attached.
  2. The owner at that time only became aware of the sale of that property long after the foreclosure sale took place. Parenthetically, for some reason, service by mail was made to an address in California, rather than their address in Chino Valley.
  3. Whether or not ANY outstanding’s were actually due, the sales proceeds of $25,500 on Sept 15, 2015 were well in excess of the purported claim of $11,672.
  4. I can find no record of the proceeds of that sale going into the accounts of the HOA with either First Biltmore or MetroPhoenix Bank
  5. No proceeds of the sales price in excess of the amounts claimed were ever paid to the Evans
  6. The lot in question is now listed only 18 months later at $149,500. Consequently this is quite a blow to the Evans
  7. As you know your ex founding Partner Mr. Wood was found to be in egregious violation of ethics having diverted moneys for his own use. See the appalling details at this link leading to his disbarment. -
  8. I would in no way presume your firm is acting in a similar fashion but I hope you don’t mind me at least inquiring as to:
    1. Where the moneys from that foreclosure sale might be?
    2. Were all the applicable records for that foreclosure transferred to the Associations new legal counsel – Manning & Kass? This would of course include even client-attorney privileged documents
    3. Why is the lien on the Evans private residence still in place?
Messrs. Mittelstadt/Zelms
As the Associations new attorneys, this is a supplementary records request to that previously made. Please supply copies of:
  1. Carpenter Hazelwood’s Retainer Agreement for collection services with the Crossings
  2. All records not subject to client attorney privilege with regards to the foreclosure of Lot 52
  3. Any and all bank account records containing new or modified banking arrangements for the Association
  4. The current signature cards on the Associations bank account(s)
CC: Manning Kass – New Attorneys for The Crossings
Yavapai County Sheriffs Dept
Prescott Police Department
Chubb as Insurers for The Crossings
Arizona Bar Association
Scott Carpenter & Josh Bolen by Fax
The Crossings at Willow Creek Blog

John Sellers