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Issue 7 - Scotts assertion that they own 100% of the Texas property
Invalid agreements that were made among parties and not disclosed to all parties is the crux of the matter regarding the Texas property. These agreements that were presented to the Braytons were not valid or fully understood by all parties and/or not fully explained regarding the terms of the agreement. The documents were not given to all parties involved for review and signatures. I was never given actual notice of these agreements regarding the intent of the Scotts to take full ownership of the Texas property. Delivery of corresponding documents to all parties involved did not occur as would be required in any type of transaction of this nature. No one should expect that another party (such as myself) will know about an agreement without actual notice and delivery of all corresponding documents. I was never given the agreements that were allegedly given to the Braytons for review and signatures which attempted to transfer 100% ownership of the Texas property to the Scotts. Although my name appeared on versions of the agreements (earlier agreements did not include my name at all for some reason), I was never given documents for review and to sign. Therefore, I was not aware of the intent of the Scotts to take 100% ownership and control of the Texas property, and I would have never even thought or had any reason to think that such action would ever be considered or taken by the Scotts. My first exposure to agreements made, etc. was when I received a phone call from the Scotts for me to sign a quitclaim deed on the Texas property a year ago, give or take. This demand seemed to come out of nowhere and made no sense at the time, and years later, it still makes no sense logically and legally.
It was not until the meetings with the bankruptcy attorney regarding the Brayton insolvency when all the financial details and agreements disclosed to all parties including me as the law requires. It was only at this point that the details became clearer in a bombshell revelation in meetings with the bankruptcy attorney. I say clearer since it took many more months/years to try to unravel all the events and dealings between the Braytons and the Scotts that had transpired without my knowledge. Working backwards through events and historical milestones for the period in question with the new knowledge in context has only served to amplify many of the missteps and incorrect thinking and actions that have taken place. And here we are today years later dealing with parities not being on the same page or even agreeing to or understanding the agreements that were made, signed, and not signed. The financial train wreck was probably inevitable but was amplified by bad decisions made by both parties.