If you look at pages 10 through at least 15 you will read the conversation regarding how the money morphed from about 270K to 735K. The initial loan was from the Robert Harrod Trust and in 2006 the final loan was from the Robert Harrod Trust. There is reluctance to speak about what was done with all of the money accumulated from the refinancing. Andrew says he saved his mortgage payments in his personal Bank of America account for 6 months and then he stopped, apparently, "saving" them. Mr Algorri wanted to know what he had done with the accumulated mortgage payments that were due to the trust. Fair question, the money belonged to Bob and Andrew breached the agreement which should have triggered the loan to come due.
During this deposition the bomb was dropped that there was a secret agreement between the co conservators and Andrew to allow him to walk from his debt. The terms of which were testified to at the October 31, 2011 Trial. According to the Petition for Instructions for Settlement Agreement filed April 5, 2012:
7.) Andrew Harrod and TH transferred title to the Windflower property into the name of the HAT trust, their revocable living trust.
8.) Andrew Harrod and TH dispute the validity and the amount of the Note.
9.) Extensive negotiations were conducted for the compromise and settlement of the dispute regarding the Note and the Deed of Trust. These negotiations culminated in an agreement for the compromise and settlement of the Note and Deed of trust and collateral issues, the terms of which are being embodied in a Settlement Agreement between HAT trust and the Harrod Family Trust "ByPass trust (here in after referred to as the "Settlement Agreement")
10.) Petitioners request that the court review the Settlement Agreement in camera and good cause appear to keep the Settlement Agreement confidential at the court hearing on October 3, 2011 following a brief discussion with Judge Didier. The copu of the Findings and Order After hearing is attached hereto as Exhibit D.
11.) Petitioners believes the Settlement Agreement to be just, fair and reasonable in the best interests of all persons interested to avoid what would be expensive and protracted litigation due to the uncertainty of the outcome, and because it will eliminate the delay and expense of foreclosure.
Wherefore the Petitioners request the following
A. The Court approve the settlement agreement
B. The Court authorize Petitioners to accept and record the QuitClaim Deed on the real property mentioned in this petition as "Windflower Property" on the terms set forth in the settlement agreement which shall be provided to the court in camera, and
C. Such further and additional relief as the court deems proper and just.
dated April 3, 2012.
OK-first of all the QuitClaim wasnt even filed when this request was filed. The quitclaim happened 4/25/2012 IIRC.
When this petition was filed, it was set for hearing 7/25/2012. What the co conservators discovered at the hearing was that the judge did not sign the order for the settlement agreement to be reviewed in camera. So the agreement was not sealed I believe. The judge requested that Indu et all file the correct paperwork, IIRC, which was a motion. Not a petition. The judge indicated further that the corrected paperwork contain reference to CA law that would allow for the FOI of the general public to be set aside for a motion that did not apply to something like a trade secret. This is what I have gleaned, and gitana will weigh in having some first hand observation.
Additionally, Indu et al requested that the barn door be shut and that the trial minutes be made confidential. In effect, the co conservators would like to sanitize the internet. Wonder why.
Let's face it-the co conservators and Andrew do not want the terms out there. They know, I suspect, that this would look really bad.
