Western New York Equine Lawyer?

Wow. That’s quite a 180 on the subject of the thread.

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It’s germane, when the implication is that this was all collusion stemming from the rescue. These aren’t my ideas pulled from a hat.

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And

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Here’s where I got my “five figure” valued horses from, that you subsequently said no, they weren’t worth that.

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This kind of pricing is notoriously tricky. Well bred horses can lose value very fast if they age a bit, fall out of training, don’t have any show results, or even just are owned by people who don’t have a high end aura and marketing strategy. My guess is there isn’t a single horse in the batch that legitimately would fetch $80 K if the owner had tried to sell the horse from Foreclosure Acres.

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IANAL - Every state has specific laws about this. In my state (it’s not the relevant state) the first question would be is there a contract between the tenant and the old landlord that was still valid at the time of … well, probably several events in this saga. Definitely the legal date of the foreclosure.

In a foreclosure a valid tenant contract may transfer to the new owner by law. In some states the contract survives several foreclosure events, such as the lender taking possession of the property and the subsequent sale by auction. Or – maybe it doesn’t in this case, which of course is a different path.

If a rent contract is expired or has gone to an indefinite month-to-month status, those are two other situations. And so on.

A list of questions to ask. Is there a contract, is it still in effect (might have expired and tenant continued there from habit which could be an implied legal contract), if the contract is from/with someone from out of state is it valid in tenant’s location, and so on and on …

I’m thinking the status of a contract between tenant and initial landlord might affect the legalities of taking the horses. But IANAL and don’t know.

All that said as context –

@FoxyFizz – In this case I’m guessing that there is not a contract that survived the foreclosure, or it would have been mentioned?

Do we know that for certain? I did not see it in the thread (could have missed it).

In any case, if there was some form of valid contract still in place at the time of the taking of the horses, nonetheless nothing stops certain people from just ignoring or violating a contract. It is up to the parties to purse such violations in court or through negotiation. Some people aren’t financially able to do that. Generally speaking. And as mentioned, ianal.

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It seems that whoever orchestrated taking the horses was fairly sophisticated as to the legal situation that would make it difficult to do anything about it. However illegal or legal it was.

And, whoever, however, someone worked out a very detailed plan for taking the horses and moving them through an elaborate pipeline to wherever they ended up. They knew how to get the horses through each step without legal pushback that would have halted progress to the destination.

Clearly there was a destination, because they moved so promptly through each step to the next step. So much paperwork had to be ready for that to happen. Exactly the right paperwork to get past each step.

It’s as if they had to run a complex maze – and they did it, quickly and correctly, on the first run.

That’s interesting on it’s own, to me.

image

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Interesting to you, unbelievable to me.

Smacks of “can’t take responsibility for my actions that led to this event, so it’s gotta be an elaborate plan from those out to get me

Just catching up this morning but wanted to say thank you for the clarifying posts.

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Are you ignoring the fact that rule that are in place were not followed?

I am not saying this horse owner did everything right, no one does everything right. But the point of this whole thread is that the rules were not followed on many fronts.

It is like you are saying it is OK if because you got a speeding ticket for going 43 in a 35 zone it is ok for two days later for some random organization you know nothing about to come take your car and sell it.

I just do not get why you have picked this thread as your reason to pummel and scream. It is clear to everyone reading this thread that you think this person deserves nothing because they dared to rent a house that was foreclosed on and somethings got messed up during the transition. No one is going to miss that you think this person deserved to lose their horses.

Just let the people who want to help work thru their helping.

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You’re kidding, right?
Freeville is literally a one light town.
Sophisticated? Hardly.

I live in a much bigger, more developed and populated area, and I know of at least three cases of authorities and rescues scamming people out of their horses.
It’s not as odd or difficult as it seems some of you think it is.

And no, I’m not naming names because none of ya live near me, so it wouldn’t be useful.
.

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Thanks again for the moderation attempt.

I’m saying there looks to be a lot more to this story than what meets the eye. And what we’re being told here.

It looks as if the horses were taken legally, because the “non litigating lawyer and judge” didn’t even realize that 10 days notice is standard for a hold over, and they are dodging questions about how livestock is handled in these cases. They keep saying “stableman’s lien” when that isn’t how it works in these cases.

So before anyone goes out of their way to help someone, please realize there is more to the story. If you try to “help” here you’re going to get lumped in with someone you don’t want to be associated with.

The person was not banned from the sale because they were “pleading” to be allowed to buy their horses back. They were banned because of threatening behavior - you can call and find out for yourself.

If this was the case, was the new owner in on it?

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:joy:
Cause what do you expect them to say? Really?

That place is crawling with people you don’t want to cross. It’s not lollipops and rainbows there. :roll_eyes:

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And it isn’t with the subject in question, either. :slight_smile:

If you don’t pay your bills on 20 horses, don’t leave when you’re served notice, don’t pay a stay, and your horses are taken legally, you ought to be kissing asses not threatening legal action when it comes time to try and get your 20 horses back.

🤦

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Looks like Foxy had a couple horses stolen awhile back. Weird! This just seems to happen over and over again in the saddlebred world! And to a judge?! Wait… you didn’t mean horse show judge, did you Foxy? Nah, Town judge. Got it!

One thing I just can’t work out is the rescue. It’s gotta be something aimed right at Saddlebreds, since they understand the paperwork and the ability to receive registration. The “tenant” spoke with the director, supposedly. Is this it? They’re in the area.

:joy::joy::joy:
Lol, no Copake isn’t “in the area”, unless by “area” you mean in the same state.
That’s not near Freeville.

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If you’re a breed specific rescue, your reach spans several states. They’re only 3 hours apart.

Edit: And Team American Saddlebreds is only two hours from the auction where the horses were dispersed. For a breed specific rescue, looking at potentially 20 horses to “steal”… 2 hours is well within range.