From Rate my Horse Pro:
"In an effort to halt the public auction of her child’s elite pony, Spellbound, Maria Chungunco appeared in a Maryland court to file a temporary restraining order Wednesday. It is the latest in the billing-dispute-gone-wrong with her child’s former horse trainer, Kimberly Stewart, of Glenwillow Farm, Inc.
[Full story here: http://www.ratemyhorsepro.com/news/court-hearing-scheduled-in-attempt-to-halt-spellbound-auction.aspx ]
How the the 25k went to 110k
FWIW: Spellbound is not in Flashpoint’s August Catalog.
Unless there is more to the story, the auction will not take place. If Mrs. Chungunco can prove that she did, in fact, offer several times to pay the bills that were related only to the pony and her offer was rejected by Stewart, then Stewart probably won’t be able to sell one animal through a stableman’s lien to satisfy bills relating solely to another horse. One would believe that a stableman’s lien attaches to a particular horse for bills due and owing for THAT horse and that horse only.
Interesting that Stewart was able to come up with a $250k bond.
You don’t usually have to post a bond in dollar for dollar cash.
[QUOTE=RugBug;7712982]
FWIW: Spellbound is not in Flashpoint’s August Catalog.[/QUOTE]
No but he’s on their main page. Probably not in the online catalog because it’s a live auction.
So who is going to go bid on this pony ??
[QUOTE=LessSugarMoreSpice;7713156]
No but he’s on their main page. Probably not in the online catalog because it’s a live auction.[/QUOTE]
Ah, you’re right.
FWIW: I emailed Flashpoint letting them know that I am disappointed in their involvement. They should refuse to assist in the selling of this pony. I, personally, would have a hard time recommending them to anyone again if they move forward prior to the clarification of the details of this mess.
[QUOTE=RugBug;7713270]
Ah, you’re right.
FWIW: I emailed Flashpoint letting them know that I am disappointed in their involvement. They should refuse to assist in the selling of this pony. I, personally, would have a hard time recommending them to anyone again if they move forward prior to the clarification of the details of this mess.[/QUOTE]
I would think they would err on the side of caution and withdraw the auction until this was all sorted out.
I can’t imagine Stewart getting what she wants for that pony now with all the media coverage. Most people with that amount of money to drop on a pony are smart enough to stay away from something shady like this. It could end up being a costly litigious mess for the buyers.
[QUOTE=AffirmedHope;7713282]
I can’t imagine Stewart getting what she wants for that pony now with all the media coverage. Most people with that amount of money to drop on a pony are smart enough to stay away from something shady like this. It could end up being a costly litigious mess for the buyers.[/QUOTE]
And I would cynically assume that the intention was for the pony to be no-saled at the auction all along. KS then keeps/“buys” pony herself, writes the charges to the C’s off as a business loss, and makes far more leasing the pony out than she’d have gotten otherwise.
I agree with DoubleTwisted :no: Well, we could do a crowd funding type deal and get the money together to buy the pony back for the kid. Only half way joking, I feel so terribly for her. Hopefully this all gets sorted out.
This is such a mess. I, too, am dissapointed that Flashpoint is getting involved. Shame on them.
Also, not sure a “no sale” is an option for KS here- the pony is being “sold to the highest bidder” according to those terrible fliers and Flashpoint’s site.
HorseShowDiva has an interesting thread on this; seems that a few rich pony moms have already been advised of the situation and stated that they will not be touching this pony.
[QUOTE=pinkpony321;7713354]
This is such a mess. I, too, am dissapointed that Flashpoint is getting involved. Shame on them.
Also, not sure a “no sale” is an option for KS here- the pony is being “sold to the highest bidder” according to those terrible fliers and Flashpoint’s site.
HorseShowDiva has an interesting thread on this; seems that a few rich pony moms have already been advised of the situation and stated that they will not be touching this pony.[/QUOTE]
So they say…betcha others will, for 2499 so it stays under the 25k the Pony was seized for and nothing is owed former owner. It’s a real old game, nothing unique about it. And it’s legal if the situation is as described and no injunction to block the sale is granted.
Legal, but the ethics involved here on both sides are…questionable. Poor kid…
Ask again, whatever happened with the Heritage suit?
I wouldn’t be too quick to comment on the legality of it unless you know the specific state law.
It seems like the money owed is in regards to Exclusive, to which the whole transaction is in question. Is it really legal to seize and sell a pony on a lien for debts that may or may not be owed in what may or may not be a crooked horse deal?
I really hope not, but because I don’t know the full law in MD, I wouldn’t want to say whether it was legal or not.
[QUOTE=findeight;7713414]
Ask again, whatever happened with the Heritage suit?[/QUOTE]
They have been filing paperwork back and forth but nothing recently according to Ratemyhorsepro.
[QUOTE=All4Gracie;7712963]
I’m sure SOMEBODY will buy the pony…he’ll fall off the grid for a few years and then suddenly show up with a brand spanking new name, passport, USEF # and suddenly be 5 years younger :lol:[/QUOTE]
this very accurate, how about the good Dr.? she will rename It " doctor’s orders" or something like that, and add it to her collection.
fraudulent horse sales
There is no doubt that there was Hanky panky going on in the sale for Exclusive…this sounds a lot like the Heritage Farm case where the pony the had laminitis (known) somehow passes the vet and the trusting client trusts the trainer and gets screwed. These people need to stand up against these people (trainers) perpetuating the fraud. Until a few of these people are held accountable for their lies and thievery; nothing will change. It will be business as usual.
In this day and age of the internet it is a lot harder to get away with this kind of fraudulent activity. Happened a lot in the old days and like I said…has been going on with this particular trainer many years ago.
I hope the clients prevail.
The home page of the website says :
2013 USEF Champion Large Pony Hunter
Selling pursuant to Section l6-401 of the Commercial Law Article of the Annotated Code of Maryland, a public sale and auction of certain livestock will be held on
Monday, August 25,2014 at 11:00 a.m.
?at
Glenwillow Farm, Jefferson, MD
[QUOTE=RugBug;7712982]
FWIW: Spellbound is not in Flashpoint’s August Catalog.[/QUOTE]
[QUOTE=gumshoe;7713997]
The home page of the website says :
2013 USEF Champion Large Pony Hunter
Selling pursuant to Section l6-401 of the Commercial Law Article of the Annotated Code of Maryland, a public sale and auction of certain livestock will be held on
Monday, August 25,2014 at 11:00 a.m.
?at
Glenwillow Farm, Jefferson, MD[/QUOTE]
Um, yes. I acknowledged that many, many hours ago…and only a few posts after the one you quoted. 
One assumes that Mrs. Chungunco’s lawyer has recommended that she pay the amount billed for the pony and services for the pony into the Court’s escrow account. If that’s been done, it’s hard to see, absent things that we don’t know, that any Court would allow the sale to proceed.
[QUOTE=RugBug;7714121]
Um, yes. I acknowledged that many, many hours ago…and only a few posts after the one you quoted. ;)[/QUOTE]
My emphasis was on the location of the auction.
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