The issue is that the court had not heard testimony about the existence of the lease. In fact, the owner of the horses had a number of remedies under the law that she should have been afforded. However, she did not get competent legal counsel in time to address this properly.
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I absolutely believe that she was her own worst enemy. She was so stressed that she didn’t know that the best way to help herself was to be absolutely transparent. Full disclosure- I’ve felt like that. You learn your lessons as you go. Sometimes, you simply aren’t sure that anyone will really believe you, or help you if they are aware of how challenging the situation really is.
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Well, it depends on where it is, what it is, etc. but in general, I agree.
There isn’t a question in the world that she did not avail herself of the best resources, or present herself in the best light.
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I am going to agree to disagree with you. I do not think that the relationship is the issue. If they were married, sure. But they weren’t. Big difference.
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Certainly we can agree that there are likely multiple issues at hand. And we can agree to disagree on this particular issue.
For those that may be reading along, the reason I’m harping on the relationship is because in real estate it’s accepted that transactions between “related” parties aren’t subject to the same negotiation for “the best deal” that an arm’s length transaction would. And bc of that, I think it’s questionable that a new landlord would be obligated to lease terms that arguably weren’t negotiated with the best interest of the landlord in mind.
I’ll quit harping now.
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I get that and the whole situation is really unfortunate.
Unfortunately, the sheriff’s office serving the eviction warrant can only go by the order. If a judge issues it and the sheriff’s office takes action based on the signed warrant, the sheriff’s office and the person asked to take the horses are acting in good faith. If the eviction is later deemed invalid, the sheriff’s office and the person who was asked to take the horses (and ultimately, the sale barn) are not liable because they were doing what the court directed them to do.
I know this isn’t advice that she wants, but if the horses would have a better chance at a safe future if they’re registered and showable, maybe she could consider reaching out to the rescue again and offering to sign over the papers for some or all of the horses? Or maybe just the geldings (and stallions, if they’re gelded), if she doesn’t want anyone profiting from breeding the horses? Regarding the unaccounted-for horses, maybe she could try to contact the person who had them and ask if there’s any way she could negotiate “trading” signing over registrations and providing information on the training and show histories for some horses in exchange for getting some back, if he still has any of them? Especially if he held the better horses back from the sale? (Honestly, I’m concerned that she probably wouldn’t be able to provide good care for many, at this point, given what sounds like a very tight financial position and insecure living situation, but I’ll give her the benefit of the doubt that she might be able to provide good care for just a few, rather than for the large herd she originally had.)
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I have a couple of points I want to add:
There is a Thoroughbred breeding farm located SW of me in my county. They’ve been there forever- it’s multi-generational, and they have stood a bunch of studs over the years. There is a large field across the street from the main farm. In all of the years I’ve known the place, that field has always been full of mares. There could never be enough grass, but they put out round bales. There are buckets hung along the fence, and every morning and night they dump feed in every bucket. As you can imagine, the aggressive mares get more. The mares look like they aren’t getting the optimum nutrition, but then, I think that fat is a good color. There are alot of ribs. It’s a business; they are trying to raise foals to race.
I only ever had two foals of my own a year, even when I was breeding. I like to be able to have my mares looking like show horses, and my foals getting alot of attention. I stopped breeding as in standing a stallion decades ago, even though I had as many as three stallions of my own since that time. When I was in the biz, I would go and buy back the horses that I’d bred when I found out that they were in circumstances that I didn’t like. The horses that I’ve bred will always have a home here. In case you are wondering, there is no money in doing that- but, you can sleep at night.
But that’s not reality in the commercial breeding world. I’m disappointed at the comments about the horses. It’s just bitchy nitpicking. Not everyone likes their mares hog rolling fat, and the brilliant breeding Vet Roy Bergman used to tell me that fat mares are not as easy to get in foal. Regardless, this is a tough situation and it didn’t need any nasty comments. It’s about a person in difficulty, and her horses. She does love them. It isn’t perfect, but there but for the grace of God go I- and a whole lot of other people.
Finally, I know Foxy Fizz IRL. She is one of the most brilliant and talented people I have ever had the honor of calling friend. She always tries to do the right thing. This is a situation that she can’t fix-- not alone. The owner of the horses is in contact with her by text 24/7- because the rescue owner put her in touch with FF. Does the rescue owner like FF? Nope. But I guess that Kr got sick of listening to the owner beg for help, and dumped her on FF. I offered to try and help find someone on here who could help. I am so disappointed in several of you. That’s on me.
[edit]
So, back to the point of this thread. If you know of an attorney who might be able to help this lady to get at least a few of her horses back, please let me know. I’m pretty sick of judgments- she does have the wherewithal to give a home to some of her horses, even by COTH standards. If what happened to her had happened to me I would probably be in the news. She’s bearing up, and is broken. For those of us who live to be with our equine friends, that has to be so very hard.
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So I have refrained from commenting but feel the need to state…first of all do not appreciate the storyline of my “life” and my daughters being introduced on this thread as it is first of all not even close to being accurate and is not at all pertinent to this post. I did not dump her on FF. I was not going to share these but feel the need so first you can see when I had knowledge and what kind of story was proported to me. The owner contacted me in late August telling me a lie asking for help for a friend who had horses taken from her. I did not feel good about our conversation and had someone look into the situation and discovered the friend was actually her. If you read the commentary you will see where I questioned her and admonished her for not being truthful. Our conversation ended w her telling me to try to save who I could.
There are so many lies and mistruths that have been told I finally just had enough. I did what I created my rescue to do…help horses that were going to go to God knows where. I am sorry if that does not meet the approval of asb stars or ff. But for the record I have NEVER discussed my personal life with anyone on this thread and find it tactless to include it on here
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Classy.
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“You had me in the first half not gonna lie”
This is hilarious that you thought dishing out another woman on the internet’s personal business is what you deem important enough to:
But wait, good thing we end with getting back to the point (that you have continually derailed from) /s
ETA: Just curious…. and I’ve read every single reply in this thread and kept up with it like a god damn sports game…. but are you the owner of the horses taken? I’ve been waiting for anyone to ask because you are SO involved in this. You must be one hell of a friend….
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Wait, wut? The relationship between the horse owner and foreclosed property owner is irrelevant but the relationship of the rescue director that secured safe landings for the horses is?
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It wasn’t until she denied knowing me. Then? Yep. Relevant. Goes to integrity.
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Legally? Two different things.
Nope. I do not own these horses, and I have never met the owner. I do not have an dog in this hunt.
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There are many more FB messages. I have refrained from posting them after they were sent to me. Would you like me to do so?
And you would know.
You have TOTALLY crossed the line in this thread. I am not the villain. I did not put this situation into motion. I merely stepped up to help the horses I could and let me add the owner told me to save who I could
Did she try and give you money to save her horses? Did you give that money back to her when you kept the horses?
