(all typos are mine)
As you will see there is a great deal of confusion sorting out the documentation. It can be very confusing.
In one of my lifetimes I did title abstracts for a living. (PITA)...so I may make some notations which will be marked [PN] for personal notation...if I think it may help clarify.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ORANGE
CONSERVATORSHIP OF THE ESTATE )
OF ROBERT MERLE HARROD, ) No. 30-2009-00291267-
) PR-CE-LJC
Proposed Conservatee. )
)
DEPOSITION OF ANDREW HARROD, taken on behalf of Petioner [PN Fontelle Harrod], at 25 East Union Street, Pasadena, California, commencing at 9:49 a.m., on Monday, August 29, 2011, pursuant to Notice, before SHANNON MINOR, CSR No. 12695, a Certified Shorthand Reporter, in and for the County of Los Angeles, State of California.
***
[PN, skipping page notating those appearing...2 attnys for Fontelle, 1 for Andrew & Andrew, Fontelle also present; contains addresses, phone and email for attnys.
Skipping 2 pages of index and exhibits and questions instructed not to answer.]
PASADENA, CALIFORNIA; MONDAY, AUGUST 29, 2011
9:49 A.M.
ANDREW HARROD
called as a witness by and on behalf of the Petioner, being first duly sworn, was examined and testified as follows:
EXAMINATION
BY MR. ALGORRI:
Q. Sir, I take it you're Andrew Harrod?
A. I am.
Q. What is your date of birth?
A. (blacked out)
Q. What is your current residence address?
MS KEMP: I'm objecting to that. There's no relevance. You can communicate with him through my office.
BY MR ALGORRI:
Q. Okay. You live at 408 Windflower Lane in Placentia.
A. No.
MS KEMP: I'm objecting to that.
BY MR ALGORRI:
Q. When did you leave that residence?
A. July 30th or 31st of this year.
Q. Any particular reason you left that residence?
A. Yes, it was transferred back to my aunts.
MS KEMP: Objection, misstates what happened, but I think there was a transfer to the trust; is that correct?
THE WITNESS: That's correct.
MR ALGORRI: Counsel, you're coaching the witness, and I appreciate that. If you could just state the legal basis for your objection.
BY MR ALGORRI:
Q. Your aunts you're referring to are whom?
A. Roberta Brady and Paula Borcher.
Q. Okay. What I'm going to do here today just by means of housekeeping is today you're here pursuant to a subpoena. There was also a notice with a document request. I'll just mark it as A. We'll go through the contents of it later.
(Petitioner's Exhibit A was marked for identification by the court reporter and is
attached hereto)
BY MR ALGORRI:
Q. There's been an objection filed by your attorney Julia Kemp. I will mark that as Exhibit B. We'll come back to that later.
(Petitioner's Exhibit B was marked for identification by the court recorder and is
attached hereto.)
BY MR ALGORRI
Q. Just by means of background information, I take it you're married?
A. Yes.
Q. You have children?
A. Yes.
Q. How many?
A. (blacked out)
Q. Your current employer, sir?
A. (blacked out) and (blacked out) is my employer.
Q. And how long have you been so employed?
A. A little over five years.
Q. All right. At some point in time did you acquire a house at 408 Windflower Lane in Placentia, California?
A. yes.
Q. About what date was that, just roughly.
A. It would have been around the middle of 1999.
Q. Okay. I have here---maybe I should have done it this way. We'll mark this as Exhibit C.
(Petioner's Exhibit C was marked for identification by the court reporter and is
attached hereto.)
BY MR ALGORRI: That grand deed there, it shows a 1999 date. That obviously would refresh your recollection as to when you acquired that property?
A. It's dated June 15th, 1999.
Q. Okay. When you acquired that house, was it acquired using funds from the Harrod Family Trust?
A. Yes.
Q. What was the amount, the sum of money used from the Harrod Family Trust to acquire that copy?
A. I don't recall specifically
Q. All right. Let me move on here to D. I have here--let me just identify it, then I'll show it to you. It says a short form deed of trust and assignment of rents.
(Petitioner's Exhibit D was marked for identification by the court reporter and
is attached hereto.)
BY MR ALGORRI:
Q. And does that document depict the sum of money you recall being used to acquire that house?
A. It does.
Q. Okay, All those moneys (sic) that are--
MS KEMP: Excuse me.
MR ALGORRI: Sure.
BY MR ALGORRI:
Q. There's a sum of money I've highlighted there, 300 and something thousand dollars?
A. 325,000
Q. All those moneys (sic) came from the Harrod Family Trust?
A. I don't recall. I wouldn't believe entirely no.
Q. Do you have an estimate as to how much moneys (sic) came from sources other than the Harrod Family Trust?
A. No, I don't.
Q. Can you tell us what your understanding was at the time your acquired the property, using moneys (sic) in part or in whole from the Harrod Family Trust, what the terms of repayment were to be to the Harrod Family Trust?
A. At that point in time I don't remember the specifics.
Q. Okay. Was there to be, as you recall, any monthly terms of payment?
A. Yes.
Q. What was the sum of money to be paid monthly?
A. I don't recall.
Q. All right. Do you recall the duration of the deed of trust? Was it, say, a 30 year note?
A. I--I don't recall.
MS KEMP: I am going to object on vague and ambiguous as to the date of duration of the deed of trust.
BY MR ALGORRI: Do you recall how much was actually paid for the house in 1999?
A. I belive (sic) the purchase price was 270,000.
Q. Can you tell us why it was that there was a deed of trust for an amount in excess of the purchase price of the house?
A. I can't recall.
Q. Can you tell us whether the amount of money in excess of the purchase price of the house borrowed from the Harrod Family Trust was used to start a business?
A. No, it was not.
Q. All right. Can you identify for us the financial institution that the moneys (sic) were deposited in that were in excess of the purchase price of the house?
A. No, I cannot.
Q. At that point in time in 1999, did you have a bank that you regularly dealt with?
A. I'm sure I did. I can't--I can't recall the specific bank, though.
Q. Okay, Moving on here, we'll mark this as next in order.
MR ALGORRI: I think we're up to E, is it, Ms Reporter.
(Petitioner's Exhibit E was marked for identification by the court recorder
and is attached hereto)
BY MR ALGORRI:
Q. All right. This is--I'll identify it and hand it to you. Short form deed of trust and assignment of rents. And let me show you that document there, sir. You've seen that document before today, I take it?
A. Yes.
Q. All right. Okay. Now, on that there's a sum of money of what? 700 and--
A. 735,000
Q. What was the purpose of acquiring a sum of money in that amount?
MS KEMP:Objection, it misstates the evidence. If you want to ask another type of question. I think that's assuming facts not in evidence.
BY MR ALGORRI:
Q. Okay. Well, do you dispute that there was a deed of trust for $735,000 taken out on that house?
A. No.
Q. Okay. All right. What was the money used for?
MS KEMP: Same question. There was--you're assuming facts not in evidence. There's a deed of trust, but you haven't--
MR ALGORRI: There's been no facts established. We just want to know what the facts are.
MS KEMP: Well, there's no facts that there was money obtained in regards to the deed of trust. There is a deed of trust.
BY MR ALGORRI:
Q. Okay. So you acquired no cash as a result of that deed of trust?
A. I did not say that, no.
Q. You did not say that?
A. No.
Q. Okay. So you take out a deed of trust for $735,000 on your residence. What was your purpose in doing so?
A. My grandfather had offered to refinance the house and had cash he wanted to invest.
END OF PART 1.
Can anyone explain to me how more or less doubling the financing on a house with a family member would be considered a good cash investment for Bob?????????????
The Windflower house must be rented out now??? as if IIRC the trust prohibits the sale of real estate owned by the trust.