Preview
153-309916-19
FILED
TARRANT COUNTY
PITTENGER, NUSPL & CRUMLEY, PLLC 1/30/2020 3:44 PM
THOMAS A. WILDER
ATTORNEYS AND COUNSELORS AT LAW DISTRICT CLERK
1420 W. Exchange Parkway, Suite 180
Glendover Professional Center, Building C
Allen, Texas 75013
Telephone: (972) 359-1207 Fax: (972) 3590912
www.pnclawfirm.net
GEORGE E. CRUMLEY DIRECT TEL: (972) 805-4536
george@pnclawfirm.net
January 9, 2020
VIA E-MAIL TO holly@youngblood-law.com
Holly Youngblood
2501 Parkview Dr., Ste 250 CONFIDENTIAL SETTLEMENT COMMUNICATION
Fort Worth, Texas 76102
Re: Cause No. 153-309916-19, Danyale Webb vs. Heather Dawn Osteen Webb, in the
153" Judicial District Court, Tarrant County, Texas
Dear Holly,
I hope you and your firm have had a good holiday season. Per our conversation, I have
now had the chance to talk at length with Danyale about the case and about your most recent
settlement offer. The sum and substance of the case remains the same: in the absence of agreement
between joint property owners in Texas as to how to dispose of the property or their respective
interests, the parties have an absolute right of partition and to have the court to simply partition the
properties and divide the proceeds.
understand your client’s primary desire is to keep the house and the car, and for them not
to be sold. My client’s primary desire is to be compensated for her ownership, and to be protected
from further liability. An overriding issue in this case the fact that both the house and the car would
have been unattainable by Heather if not for Danyale. Since this is a case in equity, this will
certainly be a factor. I also recognize that another pending issue is that your client believes she
should be compensated/reimbursed for monies she has put toward the house since the time Danyale
was forced to leave. However, Danyale will be making the case at trial that she did not leave
entirely of her own free will, and certainly would not have done so considering it was originally
her house, among other things. So there undoubtedly will be a lot of equitable arguments going
back and forth in this matter.
Of course, we agree that it is in everyone’s best interest, particularly while the parties have
other adversarial matters pending, to get this resolved and to narrow all of the things that are in
dispute. To that end, Danyale has authorized me to make the following counter-proposal to you. I
think we are not too far from an agreement, but the dollars are a bit different and the terms more
defined.
Holly Youngblood
January 9, 2020
Page 2
The proposed terms are generally in line with your letter of November 14, 2019.
1. The home will be appraised by a licensed appraiser as noted below in item 3.
2. The value of the home as determined by the appraiser shall be the agreed upon value
for purposes of determining the parties’ current equity in the home.
3. Heather shall refinance the home within 90 days of the appraisal; if the lender requires
use of its own appraiser, the appraiser shall be chosen by the lender; or if not, then it shall be
chosen by agreement of the attorneys, and shall not have a prior relationship with either Heather
or Danyale. The appraiser’s valuation shall control in determining the value of the equity in the
home. (I would recommend Doug Phillips of Phillips Residential, if we need one). Heather shall
continue to maintain the property in good condition pending the appraisal and/or sale and shall be
liable for any failure to do so.
4. Danyale’s share of equity in the home shall be fifty percent (50%) of the net equity in
the home based on the appraisal. “Net Equity” shall be calculated as the equity in the home after
subtraction of the actual costs of the refinance including the appraisal, and additionally Heather
shall be given a credit of $5,000.00 for costs paid by her toward the property.! The remaining
proceeds shall be divided equally.
5. In the event that Heather is unable to refinance within 90 days of the appraisal, a receiver,
agreed upon by the attorneys or appointed by the court shall be appointed to sell the house. Heather
shall cooperate in all respects with the instructions of the receiver regarding preparation and
showing of house for sale. The proceeds of the sale shall be allocated as follows:
a. Danyale and Heather shall each receive one-half of the net equity in the home. “Net
Equity” shall be calculated as the equity in the home after subtraction of the actual costs of
sale including realtor and title fees and all costs required of seller, and additionally Heather
shall be given a credit of $5,000.00 for costs paid by her toward the property; the remaining
proceeds shall be divided equally.
6. Danyale’s equity shall be disbursed at closing to my trust account directly by the title
company in the event of sale, or lender in the event of refinance.
7. Danyale will execute a special warranty deed for her interest in the real property to be
held by me in trust until closing of either the refinance or sale and I am in receipt of Danyale’s
share of equity.
' Heather is not entitled to a dollar for dollar credit for what she has paid, as she is in part responsible for Danyale’s
inability to use the property, and because Heather has had the benefit of continuing to live there. Thus, as a matter of
equitable resolution, while Danyale argues Heather should get no credit, we make this offer for the purpose of
attempting to resolve the matter. Heather may recover more, but will spend more than that in unrecoverable costs.
Holly Youngblood
January 9, 2020
Page 3
8. 2019 Ford Explorer: The vehicle shall be awarded to Heather, who shall assume all past
and future indebtedness for the vehicle and shall execute an agreement in which she agrees to fully
indemnify and defend Danyale related to such obligations, including indemnification for any loss
to Danyale that results from Heather’s failure to meet such obligations. Heather shall further
refinance the vehicle solely into her name on or before May 31, 2020 or she shall otherwise sell or
transfer the vehicle and ensure that there is no remaining obligation in Danyale’s name (the
obligation of Heather to protect Danyale and to pay all costs related to the vehicle shall apply
regardless of whether she has refinanced). In the event of any default in Heather’s making
payments on the vehicle, her failure to refinance by the date herein, or other failure of Heather to
meet any obligations related to the vehicle, Danyale shall be entitled to have the car repossessed
and sold, and Heather shall be solely liable for any balance due to any noteholder, costs of
repossession, and shall be liable to Danyale for any costs, loss or damage whatsoever suffered by
Danyale which results from such failure.
9. Counsel for Danyale will draft settlement documents and have them entered with the
court.
While I recognize Heather will argue that she wants more credit for maintaining the
property, we disagree based on the circumstances, and the alternative is that she loses the house.
Under Texas Property Code Section 23.001 et seq, a joint owner or claimant of real property or an
interest in real property or a joint owner of personal property may compel a partition of the interest
or the property among the joint owners or claimants. Danyale’s right to force a partition of the
property is absolute. There is no effective defense to this action. As such, the parties will have no
choice but to have the home sold. There is no other outcome or remedy. Heather may very well
convince the court that she should get more money, but she risks getting no such credit at all, and
losing the house as well.
In full disclosure, Danyale leans toward simply forcing the sale and “letting the cards fall
where they may.” However, she understands that it is always preferable to reach a settlement
sooner than later and for everyone to move on. Please review these terms with your client and
advise of her response. If you agree, please sign in the space provided below and return your
signature to me by fax or email, so we can file this with the court as our IRREVOCABLE
agreement under Rule 11.
I look forward to your reply.
ape
Very Truly Yours,
GEORGE E, CRUMLEY
GEC/ww
[signature blanks follow]
Holly Youngblood
January 9, 2020
Page 4
AGREED:
Holly Youngblood
Counsel for Heather Dawn Webb
LZ
ather Dawn Webb
Preview
153-309916-19 FILED TARRANT COUNTY PITTENGER, NUSPL & CRUMLEY, PLLC 1/30/2020 3:44 PM THOMAS A. WILDER ATTORNEYS AND COUNSELORS AT LAW DISTRICT CLERK 1420 W. Exchange Parkway, Suite 180 Glendover Professional Center, Building C Allen, Texas 75013 Telephone: (972) 359-1207 Fax: (972) 3590912 www.pnclawfirm.net GEORGE E. CRUMLEY DIRECT TEL: (972) 805-4536 george@pnclawfirm.net January 9, 2020 VIA E-MAIL TO holly@youngblood-law.com Holly Youngblood 2501 Parkview Dr., Ste 250 CONFIDENTIAL SETTLEMENT COMMUNICATION Fort Worth, Texas 76102 Re: Cause No. 153-309916-19, Danyale Webb vs. Heather Dawn Osteen Webb, in the 153" Judicial District Court, Tarrant County, Texas Dear Holly, I hope you and your firm have had a good holiday season. Per our conversation, I have now had the chance to talk at length with Danyale about the case and about your most recent settlement offer. The sum and substance of the case remains the same: in the absence of agreement between joint property owners in Texas as to how to dispose of the property or their respective interests, the parties have an absolute right of partition and to have the court to simply partition the properties and divide the proceeds. understand your client’s primary desire is to keep the house and the car, and for them not to be sold. My client’s primary desire is to be compensated for her ownership, and to be protected from further liability. An overriding issue in this case the fact that both the house and the car would have been unattainable by Heather if not for Danyale. Since this is a case in equity, this will certainly be a factor. I also recognize that another pending issue is that your client believes she should be compensated/reimbursed for monies she has put toward the house since the time Danyale was forced to leave. However, Danyale will be making the case at trial that she did not leave entirely of her own free will, and certainly would not have done so considering it was originally her house, among other things. So there undoubtedly will be a lot of equitable arguments going back and forth in this matter. Of course, we agree that it is in everyone’s best interest, particularly while the parties have other adversarial matters pending, to get this resolved and to narrow all of the things that are in dispute. To that end, Danyale has authorized me to make the following counter-proposal to you. I think we are not too far from an agreement, but the dollars are a bit different and the terms more defined. Holly Youngblood January 9, 2020 Page 2 The proposed terms are generally in line with your letter of November 14, 2019. 1. The home will be appraised by a licensed appraiser as noted below in item 3. 2. The value of the home as determined by the appraiser shall be the agreed upon value for purposes of determining the parties’ current equity in the home. 3. Heather shall refinance the home within 90 days of the appraisal; if the lender requires use of its own appraiser, the appraiser shall be chosen by the lender; or if not, then it shall be chosen by agreement of the attorneys, and shall not have a prior relationship with either Heather or Danyale. The appraiser’s valuation shall control in determining the value of the equity in the home. (I would recommend Doug Phillips of Phillips Residential, if we need one). Heather shall continue to maintain the property in good condition pending the appraisal and/or sale and shall be liable for any failure to do so. 4. Danyale’s share of equity in the home shall be fifty percent (50%) of the net equity in the home based on the appraisal. “Net Equity” shall be calculated as the equity in the home after subtraction of the actual costs of the refinance including the appraisal, and additionally Heather shall be given a credit of $5,000.00 for costs paid by her toward the property.! The remaining proceeds shall be divided equally. 5. In the event that Heather is unable to refinance within 90 days of the appraisal, a receiver, agreed upon by the attorneys or appointed by the court shall be appointed to sell the house. Heather shall cooperate in all respects with the instructions of the receiver regarding preparation and showing of house for sale. The proceeds of the sale shall be allocated as follows: a. Danyale and Heather shall each receive one-half of the net equity in the home. “Net Equity” shall be calculated as the equity in the home after subtraction of the actual costs of sale including realtor and title fees and all costs required of seller, and additionally Heather shall be given a credit of $5,000.00 for costs paid by her toward the property; the remaining proceeds shall be divided equally. 6. Danyale’s equity shall be disbursed at closing to my trust account directly by the title company in the event of sale, or lender in the event of refinance. 7. Danyale will execute a special warranty deed for her interest in the real property to be held by me in trust until closing of either the refinance or sale and I am in receipt of Danyale’s share of equity. ' Heather is not entitled to a dollar for dollar credit for what she has paid, as she is in part responsible for Danyale’s inability to use the property, and because Heather has had the benefit of continuing to live there. Thus, as a matter of equitable resolution, while Danyale argues Heather should get no credit, we make this offer for the purpose of attempting to resolve the matter. Heather may recover more, but will spend more than that in unrecoverable costs. Holly Youngblood January 9, 2020 Page 3 8. 2019 Ford Explorer: The vehicle shall be awarded to Heather, who shall assume all past and future indebtedness for the vehicle and shall execute an agreement in which she agrees to fully indemnify and defend Danyale related to such obligations, including indemnification for any loss to Danyale that results from Heather’s failure to meet such obligations. Heather shall further refinance the vehicle solely into her name on or before May 31, 2020 or she shall otherwise sell or transfer the vehicle and ensure that there is no remaining obligation in Danyale’s name (the obligation of Heather to protect Danyale and to pay all costs related to the vehicle shall apply regardless of whether she has refinanced). In the event of any default in Heather’s making payments on the vehicle, her failure to refinance by the date herein, or other failure of Heather to meet any obligations related to the vehicle, Danyale shall be entitled to have the car repossessed and sold, and Heather shall be solely liable for any balance due to any noteholder, costs of repossession, and shall be liable to Danyale for any costs, loss or damage whatsoever suffered by Danyale which results from such failure. 9. Counsel for Danyale will draft settlement documents and have them entered with the court. While I recognize Heather will argue that she wants more credit for maintaining the property, we disagree based on the circumstances, and the alternative is that she loses the house. Under Texas Property Code Section 23.001 et seq, a joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants. Danyale’s right to force a partition of the property is absolute. There is no effective defense to this action. As such, the parties will have no choice but to have the home sold. There is no other outcome or remedy. Heather may very well convince the court that she should get more money, but she risks getting no such credit at all, and losing the house as well. In full disclosure, Danyale leans toward simply forcing the sale and “letting the cards fall where they may.” However, she understands that it is always preferable to reach a settlement sooner than later and for everyone to move on. Please review these terms with your client and advise of her response. If you agree, please sign in the space provided below and return your signature to me by fax or email, so we can file this with the court as our IRREVOCABLE agreement under Rule 11. I look forward to your reply. ape Very Truly Yours, GEORGE E, CRUMLEY GEC/ww [signature blanks follow] Holly Youngblood January 9, 2020 Page 4 AGREED: Holly Youngblood Counsel for Heather Dawn Webb LZ ather Dawn Webb