Gerda Finally Sees the Broken Fragments

[Gerda]

I can't believe I never answered this, DnJ. Must have been that sugar overload. I read your note a bunch of times of course. How rude that I didn't talk to you about it. I am going to reply to it properly but first --

So much has happened. It seems that everyday H sinks deeper into the pit of disgusto. I get too tired to even send a report.

I stupidly thought I could finagle a settlement somehow. I had made an offer based on a sale price THIRTY PERCENT above appraisal, but with what he would actually walk away with from a sale -- e.g., less debt and all the many taxes and closing costs, broker's fee, etc. But based on a sale price that is much higher than he would ever get. They said no.

Today they finally offered a buy-out number. They based it on a sale price that was 44% higher than the appraised value and of course with not a single closing cost considered. I discovered that the appraisal added 700 square feet to our house (have not been able to get the appraiser to respond to requests for a redo or for anyone at court to care) so it was already inflated. But even at the insanely inflated sale price they claim they could get, they then said that we'd have to compensate them for not having the chance to go for alimony and an assessment of our rental business at trial, so out of that insanely inflated price they used, they "agreed" to take 75% of the equity from it.

Mind you, there is no way he can get alimony based on the facts and my income. And our rental biz has never shown a profit in ten years (it just pays the mortgage), is not totally above board (e.g., no one could buy it and no one would buy it, they'd just convert house to single family) and of course, if we sold our place, there would be no rental income anymore!

My lawyer had just sent them a note asking H to stop vaping in front of D10 (she came home last night sobbing hysterically over a bunch of things that happened at visitation and as I hugged her I noticed that her hair REEKED of e-cigarettes). So in response to that insane offer, my L replied, "I wonder what was in that vape your client smoked; did he share some with you?" Which at least gave me a good laugh.

I get that H is an MLCer and totally delusional, fine. But why oh why is his L encouraging this kind of insanity? I know for a fact that H has not paid him since my letter to the wife of the guy who was funding his L. Now his L is banking on the sale of the house to get paid, though I also learned that D lawyers are not allowed to put a lien on marital property so I am not sure how he thinks he will get paid. But why would his L encourage this kind of nonsense? If he crunches the numbers, it's quite obvious that a buy out by me will get them more money, faster, than an actual sale. H is delusional, but I assume his L is sane, even if he is evil. So what would be the point, beyond more billable hours?

Now I have to figure out what to do, what gamble to take as far as trial or the current terrible agreement, letting my motion be heard, or working out the current agreement even though it's not very good. But what I learned from this number is that H is totally delusional about the money he will make on a sale, and that there is literally no point in trying to negotiate with him.

Thoughts from my practical friends here are welcome!