Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #44

[Feistyomi]

Given the timing on all of this, it does lead one to speculate that there may be motive buried underneath all of these transactions. It's a lot of buying and selling, all happening in the four short months that your wife is missing.

BM did buy the Longhorn property and a new truck, so that doesn't give the appearance of 'strapped for cash' (at least not once the Indiana sale went through). Could this be BM simply circling the wagons - building a house that he can live in with his mom?

I'm not quite sure what to make of all of it - I can't discount the thought that all of it could point back to motive - but also not quite ready to make the leap and say it's definitely that, either..... MOO, JMO

My speculation, the Puma Path house was never intended to be permanent dream home, they knew they would lose money on rent while waiting on house to close in IN. They planned on buying the lot and building in Longhorn Ranch, possibly in-law suite.
That would have been SMs dream house.
They could save rent, while PP house appreciated.
It explains why SM didn’t change things, she knew they were only planning being in house 3 years.

There isn’t any need to stay in house, SM is an adult. She could figure out where to find her family. MOO

MVHO , BM is simply following up on plans that he and SM made together, this is helping him get thru the grieving process.

or he could be liquidating to finance various lawsuits...

 

[EggSalad]

I find it amazing that a seller lists a home for $1.7 M with an "as is" requirement. I would expect a home that costs that much money to be in pristine condition. Maybe, the land is what is more valuable than the home.

JMO.

To me that says that he does not have the cash to make repairs to it that the buyer would request.

But why would he have no cash? He just sold that IN property and should have walked away with $1M in proceeds (less capital gains taxes when he files for 2020).

And I’d imagine insurance would cover repairing any damages made by LE during their two search warrants, right?

 

[sunflowerchick]

To me that says that he does not have the cash to make repairs to it that the buyer would request.

But why would he have no cash? He just sold that IN property and should have walked away with $1M in proceeds (less capital gains taxes when he files for 2020).

And I’d imagine insurance would cover repairing any damages made by LE during their two search warrants, right?

I'm no expert but I am not sure insurance covers damages done by LE. What I want to know is what repairs are required?

On a separate note, does anyone know if BM still wears a wedding ring?

 

[al66pine]

Transfer of IN Guardianship to CO?

...He awarded BM permanent guardianship of SM back in September:Indiana Supreme Court public access case search - MyCase ...
*ETA: Sending out the bat signal to @gitana1 !
Gitana, we could use your legal expertise here on Suzanne's thread.Barry has just listed their Colorado home for sale.
Question: Does BM being awarded permanent guardianship of SM by that Indiana judge back in September transfer out of state, i.e., does DM have control of assets in CO as well as IN once permanent guardianship is established?
JMO.

@GordianKnot sbm Thx for your post above. I'm still wondering. Posts in earlier threads raised questions about this, without iirc a clear conclusion. Guardianships CAN be transferred, per provisions of Uniform Adult Guardianship and Protective Proceedings Act* (of adopting states, like IN and CO) which addresses interstate jurisdictional issues. Without having seen petition, court orders, & other IN ct dox, I wonder whether that WILL happen in this instance.
Per below* orders are necessary from courts in both IN and CO, and the transferring IN court must find that the incapacitated person is physically present in CO.

Can/will IN judge make such a finding of fact, that SM is physically present in CO? Awkward for BM to allege or acknowledge, as presumably his petition alleged unable to locate.

I could be hair splitting, so I welcome comment, clarification, correction, esp'ly from our legal professionals.

-------------------------------------------------------------------------------------------
* Article 3 specifies a procedure for transferring an already existing guardianship or conservatorship to another state. To make the transfer, court orders are necessary from both the court transferring the case and from the court accepting the case. The transferring court must find that the incapacitated or protected person is physically present in or is reasonably expected to move permanently to the other state, that adequate arrangements have been made for the person or the person’s property in the other state, and that the court is satisfied the case will be accepted by the court in the other state. To assure continuity, the court in the transferring state cannot dismiss the local proceeding until the order from the state accepting the case is filed with the transferring court. To expedite the transfer process, the court in the accepting state must give deference to the transferring court’s finding of incapacity and selection of the guardian or conservator.
^ Section numbers of UAGPPA developed by Uniform Law Commission, not section numbers of IN or CO statutes.
^ https://www.uniformlaws.org/HigherL...8fd-7d13-4d14-053c-7160a2c1a9c3&forceDialog=0

 

[Murphy1950]

I'm no expert but I am not sure insurance covers damages done by LE. What I want to know is what repairs are required?

On a separate note, does anyone know if BM still wears a wedding ring?

FWIW...from Google

Damage due to entry into a home by warrant is typically paid for by the homeowner. If the warrant is invalid or the police go to the wrong address, typically the city would pay. Usually, if the police act reasonably, the city does not pay for damage.
Who pays for property damage inflicted during searches ...
blog.seattlepi.com/seattle911/2014/08/18/who-pays-for-property-damage-inflicted-

 

[Synergizer Bunny]

I found some "blueprints" of the house. See attached.

19057 Puma Path, Poncha Springs, CO 81242 | MLS #4727659 | Zillow
if this is the master bath seen slightly through the door - this would be MBR IMO

 

[EggSalad]

To me that says that he does not have the cash to make repairs to it that the buyer would request.

But why would he have no cash? He just sold that IN property and should have walked away with $1M in proceeds (less capital gains taxes when he files for 2020).

And I’d imagine insurance would cover repairing any damages made by LE during their two search warrants, right?

I'm no expert but I am not sure insurance covers damages done by LE. What I want to know is what repairs are required?

On a separate note, does anyone know if BM still wears a wedding ring?

I just did a little digging and it does not appear that insurance would
Cover the costs of a search warrant being executed.

So there must be significant damage from multiple search warrants being executed for the home to be listed as is and BM doesn’t want to file a claim against the CBI or has lost the claim that he filed to recoup for damages.

Which brings us back to, why aren’t there pictures of the Kitchen and Master BR? There must be visible damage to those rooms for them not to be shown with the listing.

But even still, why isn’t the $1M from the IN property available to be used to fix up the Puma Path home? Even an all new kitchen and recarpeting the master bedroom wouldn’t exceed $100k or so? Does he think he’ll sell a $1.7M home as is versus spending a little to repair the Puma path home? Or does he not have any money to put towards repairs?

 

[oviedo]

Transfer of IN Guardianship to CO?
@GordianKnot sbm Thx for your post above. I'm still wondering. Posts in earlier threads raised questions about this, without iirc a clear conclusion. Guardianships CAN be transferred, per provisions of Uniform Adult Guardianship and Protective Proceedings Act* (of adopting states, like IN and CO) which addresses interstate jurisdictional issues. Without having seen petition, court orders, & other IN ct dox, I wonder whether that WILL happen in this instance.
Per below* orders are necessary from courts in both IN and CO, and the transferring IN court must find that the incapacitated person is physically present in CO.

Can/will IN judge make such a finding of fact, that SM is physically present in CO? Awkward for BM to allege or acknowledge, as presumably his petition alleged unable to locate.

I could be hair splitting, so I welcome comment, clarification, correction, esp'ly from our legal professionals.

-------------------------------------------------------------------------------------------
* Article 3 specifies a procedure for transferring an already existing guardianship or conservatorship to another state. To make the transfer, court orders are necessary from both the court transferring the case and from the court accepting the case. The transferring court must find that the incapacitated or protected person is physically present in or is reasonably expected to move permanently to the other state, that adequate arrangements have been made for the person or the person’s property in the other state, and that the court is satisfied the case will be accepted by the court in the other state. To assure continuity, the court in the transferring state cannot dismiss the local proceeding until the order from the state accepting the case is filed with the transferring court. To expedite the transfer process, the court in the accepting state must give deference to the transferring court’s finding of incapacity and selection of the guardian or conservator.
^ Section numbers of UAGPPA developed by Uniform Law Commission, not section numbers of IN or CO statutes.
^ https://www.uniformlaws.org/HigherL...8fd-7d13-4d14-053c-7160a2c1a9c3&forceDialog=0

nothing new has been filed in the IN guardianship and I am not finding a new guardianship opened in CO. So, how will title be conveyed when this property is sold? Hope Fox21 will look into this.
JMO

 

[Cortne]

What a beautiful home. Couldn't pay me enough to sell it for you though! Lots of prayers for SM and the realtor.

 

[Hatfield]

I'm no expert but I am not sure insurance covers damages done by LE. What I want to know is what repairs are required?

On a separate note, does anyone know if BM still wears a wedding ring?

Re BBM for your question.

I havent done any home shopping or selling in years but I suspect the added stipulation about "as is" is to prevent a potential buyer from asking for anything extra to be done before they agree to the purchase.

A lot of times a potential buyer will pay for a home inspection themselves if they are really interested in a property and once the inspection report comes back, there is usually a few things that need to be repaired properly like a small leak in a roof, or the sink may have a small leak underneath near the elbow joint, or a cracked porcelain toilet, or other small things like that. So I suspect he added that stipulation to let it be known that he will not be doing anything more to the property and the buyer can either take it or leave it as it stands.

Others could be correct too and I agree that LE may have done some damage to certain areas during their searching and so the "as is" may be mainly for saying he is not going to repair any of the damage that was done. He wants out and wants the money and he doesnt want to spend another dime on the property.
JMO

 

[canteloupe]

My speculation, the Puma Path house was never intended to be permanent dream home, they knew they would lose money on rent while waiting on house to close in IN. They planned on buying the lot and building in Longhorn Ranch, possibly in-law suite.
That would have been SMs dream house.
They could save rent, while PP house appreciated.
It explains why SM didn’t change things, she knew they were only planning being in house 3 years.

There isn’t any need to stay in house, SM is an adult. She could figure out where to find her family. MOO

MVHO , BM is simply following up on plans that he and SM made together, this is helping him get thru the grieving process.

or he could be liquidating to finance various lawsuits...

I've been thinking about this option, but am not sold on the idea that someone with his skills and connections would go for a top-end home, the ROI of any improvement on which would be marginal.

The second lot has a lot to be desired in terms of size and location; it's by an airfield and surrounded by industrial agriculture and other commercial properties. It also seems much more likely to have (or develop) HOA/covenant rules about parking and commercial activities. They didn't give the impression that retirement was in the near future, so I'd assume that they would need their equipment for a while longer.

If you can't run your business from your home--as in have heavy machinery take up a cul-de-sac, then you'll likely need to have a secondary commercial location which, unless he had business partners in the area, would require renting or purchasing another space.

I get the impression that forensic accounting and electronic minutiae will solve this case. If they didn't have great cell service and no longer had a landline, they certainly had wifi/VOIP or the business would be kaput. I'm sure the staties and the feds are going over every single electronic handshake in that neighborhood (and in the area of the inspected slab site).

 

[Hatch]

Once this case wraps up, I hope to never ever engage in any more elk-head discussions.

Well the upside to that most mature bull elk have two ivory teeth, lots of beautiful jewelry made out of them.

 

[EggSalad]

Re BBM for your question.

I havent done any home shopping or selling in years but I suspect the added stipulation about "as is" is to prevent a potential buyer from asking for anything extra to be done before they agree to the purchase.

A lot of times a potential buyer will pay for a home inspection themselves if they are really interested in a property and once the inspection report comes back, there is usually a few things that need to be repaired properly like a small leak in a roof, or the sink may have a small leak underneath near the elbow joint, or a cracked porcelain toilet, or other small things like that. So I suspect he added that stipulation to let it be known that he will not be doing anything more to the property and the buyer can either take it or leave it as it stands.

Others could be correct too and I agree that LE may have done some damage to certain areas during their searching and so the "as is" may be mainly for saying he is not going to repair any of the damage that was done. He wants out and wants the money and he doesnt want to spend another dime on the property.
JMO

In my experience ‘As is’ refers to a home that needs a significant amount of work done.

For the routine home inspection stuff, you wouldn’t put ‘As is’ in the listing and scare off potential buyers. You’d just negotiate what you are willing to pay to have fixed during the offer & closing process.

 

[MrsWatson]

Maybe he's selling the Puma Path house "as is" because just wants it gone, and can't be arsed to make any effort. He's done with that house, so just get rid of it. Maybe it's just as simple as that.

 

[OzzieB]

I don't know about anyone else but I wouldn't go visit a house that doesn't have a picture of the kitchen. The photos from 2018 show a gorgeous house, these recent photos look rushed and like someone took them with a phone camera.

 

[Hatfield]

In my experience ‘As is’ refers to a home that needs a significant amount of work done.

For the routine home inspection stuff, you wouldn’t put ‘As is’ in the listing and scare off potential buyers. You’d just negotiate what you are willing to pay to have fixed during the offer & closing process.

I agree it is a little strange for a home of that size and quality to have that added. Maybe LE did more damage than I realize. If LE did damage it, then its likely in the rooms that had no recent pictures.

 

[LietKynes]

I'd be interested in what a potential buyer would have to say after a visual inspection ?
B/c imo, no one is going to buy that place w/o a tour.

 

[Warwick7]

I just did a little digging and it does not appear that insurance would
Cover the costs of a search warrant being executed.

So there must be significant damage from multiple search warrants being executed for the home to be listed as is and BM doesn’t want to file a claim against the CBI or has lost the claim that he filed to recoup for damages.

Which brings us back to, why aren’t there pictures of the Kitchen and Master BR? There must be visible damage to those rooms for them not to be shown with the listing.

But even still, why isn’t the $1M from the IN property available to be used to fix up the Puma Path home? Even an all new kitchen and recarpeting the master bedroom wouldn’t exceed $100k or so? Does he think he’ll sell a $1.7M home as is versus spending a little to repair the Puma path home? Or does he not have any money to put towards repairs?

Maybe he doesn't want to.
Maybe he has washed his hands of it and wants to walk away.

The opinions that it is "telling" where LE worked.
And that is "telling" something happened in those areas.

 

[Synergizer Bunny]

To me that says that he does not have the cash to make repairs to it that the buyer would request.

But why would he have no cash? He just sold that IN property and should have walked away with $1M in proceeds (less capital gains taxes when he files for 2020)...

Here's an article about "as is" listings.

Pros and Cons of Selling a Home As Is

I agree with you that BM should have money to fix repairs to get top dollar for the home.

Could it be that BM doesn't want anyone inside the home (to view it or to repair it) and thinks a buyer will purchase it without seeing it in person?

 

[Warwick7]

Maybe he's selling the Puma Path house "as is" because just wants it gone, and can't be arsed to make any effort. He's done with that house, so just get rid of it. Maybe it's just as simple as that.

Agreed!!