Monday, January 10, 2011

July 12, 2008 A BIT OF A REPRIEVE

July 12, 2008

Last week was the most stressful week of my life so far.  I hope it was the last lesson I needed to learn before the next part of our journey.  I prayed all day yesterday for this and many other things as well.  My prayers were answered.

I am exhausted today.  I certainly deserve a break.  I am totally drained and somewhat hung over.  This story is going to be a long one.  We have been hit by all the evils.  Now this time it was the bank.  One of the biggest evils of all.  I think I will go get a glass of juice with our aloe cleanse, which we think is making Al’s hair grow back.  After this week it is surprising he has any left.

(note:  as I am editing this section I just heard that the Government in the U.S. is trying to ban aloe vera,  wow … messages or what.  Also check out hemp! September 2, 2009)


Hi Marvin,
Just send the following email. It is difficult to contact him by telephone. Will this suffice? P.S. is you son Robert Barkin. If so I have seen a very professional website on the internet and think that we would work well together. If it is him tell I'm a big scrapbooker and have how my own scrapbooking business.

Anyway we are looking forward to meeting you Friday.

TO: Oscar Valdet- Cadet
I wish to inform you that I am requesting an immediate release from our Listing Agreement - Authority to Offer for Sale of my property at 276 and 278 High Park Ave., Toronto, Ontario.

There was undue pressure for me to sign this agreement by my Bank Manager, Aicha Saludars to retain your service and I believe there is a conflict of interest because of your relationship with her.

If you do not release me I will go through my lawyer to file a complaint with your governing body.

I absolutely have no trust in your services. We have had little contact with you since signing this agreement and most of your promises have been not followed through.

I wish to secure a new agreement with a reputable agent that I do not feel pressure in securing.

I also wish to make it clear that I will not accept any offer that you may bring.

Lesa Theriault
c.c. MARVIN BARKIN, Q.C. Basman Smith, LLP

The E mail should go from you directly to the agent. Yes Robert Barkin is my son .He is with Royal Lepage Partners. You might want to speak with him. I am not suggesting that you re list with him. You have to make that decision after you meet him if that is your wish. The point is that whoever you deal with you must be comfortable whether that is with him or any other reputable and independent agent. He cannot speak to you as long as you are listed with another agent nor can any other agent. You first have to be released.

Hi Marvin
This went directly to him. As soon as I receive release I will contact your son to see if we are comfortable with each other.
Thanks again

Attention: Oscar Vidal-Calvet

I wish to inform you that I am requesting an immediate release from our Listing Agreement - Authority to Offer for Sale of my property at 276 and 278 High Park Ave., Toronto, Ontario.

There was undue pressure for me to sign this agreement by my Bank Manager, Aicha Saludars to retain your service and I believe there is a conflict of interest because of your relationship with her.

If you do not release me I will go through my lawyer to file a complaint with your governing body. You are entitle to file any complain that you may think of.

I absolutely have no trust in your services and most of your promises have been not followed through.

I wish to secure a new agreement with a reputable agent that I do not feel pressure in securing.

I also wish to make it clear that I will not accept any offer that you may bring.

Lesa Theriault

I have scoured the Villager and unless I am missing something I do not see my property listed. I made many, many changes to his webpage (very unprofessional, not to mention I took the pictures) and have heard nothing since. I have not heard from Oscar personally since the open house. All I have heard from Oscar from his way out of the house, is that the open house went ''well". There was lots of interest. There has been absolutely no activity since a showing last Friday which we have heard nothing about?

When I first met with Aicha, while she was trying to SAVE US, she told me she had someone else who was in a bad financial dilemma and Oscar helped sell the property quickly. He is very personable.

They both have been trying to tell how much they are helping us, along with Dominic. It has now has been 10 days and we have had two showings to a property that is very desirable?

I have sold homes before and this makes absolutely no sense to me? I know real estate. Homes are a passion of mine. This house is a gold mine for the right investor. Maybe that is the problem.

Anyway please let me know what you think I should do next?
Thanks again
Lesa and Al Lal
p.s. Aicha sent me email after I left her with the message that my lawyer would be contacting her, saying she took the hold off my bank account and asked if there was anything else she could do for me ... I AM ANGRY ... I DO NOT WANT TO TAKE ANYMORE OF THIS ... and I'm trying very hard not to get too emotional. I am prepared to fight ... as I told Dominic this is beyond money, it is unethical... This is criminal ... these kind of people need to be stopped.

Your home is listed on MLS I have a copy of the listing. You need to call the agent as a follow up to your letter and get his answer. Offers were to be held off until7 pm last night. I assume there were none.

Hi Marvin,

Here is Oscar's reply from yesterday.
A few other things I think you should be aware of.

The day we signed agreement:
* Aicha informed us that we were in extreme dire circumstances and that foreclosure was imminent. Her job was on the line, as well as others and that her best client, Dominic’s reputation and credit standing were also at risk.
* She had told us of how Oscar had helped other clients of hers who were in similar situations and we agreed to meet with him. She immediately walked us over to his office 3 doors down and stayed during the entire process.
* Aicha was present when Al and I were in the process of pricing property with Oscar. We saw approximately 10 listings from the last couple of years in this area. At least 5 were relistings of this property and next door. We based pricing decision on this and their advice.
* MLS listing was prepared by copying from previous MLS listing . The entire process took under a hour.
* When he was copying previous MLS and we were comparing property next door we noticed that there was a discrepancy on lot size. It should have been listed as being larger then other half of duplex by approximately 20 feet deep. Both previous MLS listings for this property and next door were exact size?
* He asked me for my copy of the property survey which I left him during open house and which he still has and we have heard nothing from him on this subject.
* When we were waiting for documents to be prepared Aicha asked us to join her in her office while she called banks lawyer to ask for extension from foreclosure until the following Friday. We seemed to have agreement.
* After signing the agreement and discussing placing property on MLS while awaiting my pictures that day, Oscar and Aicha drove us over for them to inspect the property. They only looked at 1/2 of our floor and utility room.
* Oscar immediately put up for sale sign and they left together.
* Oscar told us to prepare our home for open house on Sunday. We worked day and night from Wednesday to Sunday preparing the home for showing. He said it showed perfect.
* During this time Oscar sent me a property brochure containing my pictures that he wanted me to proof. I proofed and corrected many errors. I have not heard anything of this brochure since.
* Oscar arrived just on time for open house and we made arrangement to talk immediately after.
* We met Oscar going to his car at exact time arranged to discuss how it went. He had to leave immediately and did not have time to talk to us.
* The only information he gave us was that it went very well and there were a few very interesting prospects but he not leave the guest sign in sheet.
* There was only one real estate agent card left behind from an agent who we had met before we left. We find it strange that no other agents came to view property on Sunday?
* It has been 10 days and this has been the only contact we have had with him.
* The ad was definitely not placed in the Villager on July 11. We have copy of paper.
Look forward to seeing your reply.
Thank you very much and have a nice evening. Also look forward to meeting with you on Friday at 11
Lesa and Al

Hi Lesa,
Could you give me the real reason of this situation?
I replied to your e-mail yesterday and in my almost 15 years as a realtor this is the first time a client of mine is taking such a step.
I'd would really like to explain this to my broker, who has to sign the release, but if real explanations are not available he will lose respect for me, my work and my reputation as a decent and honest realtor.
Besides I do believe that all my expenses as detailed yesterday are still to be paid and I made those expenses all in "Good faith"

To: Oscar Vidal-Calvet
This is not satisfactory. The client must of necessity have an agency that is in no way connected to or otherwise associated with the bank. There is no point in your agency continuing. The client will not respond to you. You have nothing to gain by hanging on. There was too much pressure and undue influence resulting in a complete loss of confidence and trust. I require an immediate response failing which you leave no alternative but to have your agency removed as the broker of record either by a court or by your governing body. If this proceeds to court we will be looking for court costs which can be substantial.
Basman Smith, LLP

Marvin Barkin
I have received your email and have talked with Oscar regarding this matter. There seems to be a fair amount that was not included in you clients email regarding the steps that were taken to date.
It is my opinion that Mr. Vidal-Calvet followed the correct procedures in listing this property and that there was no undo pressure. I am happy to take over the listing myself if this would please your clients.
Please advise me accordingly
Glenn McGuire
Broker of Record

Marvin Barkin
Mr. Vidal-Calvet has agreed to cancel the said listing agreement (against my better judgment). Please have you clients contact myself so that we can sign the sign the Cancellation forms.
Once signed the listing will then be cancelled on MLS.
Glenn McGuire
Century 21 Brown limited

Hi Marvin,
The sign outside was removed last night while we were out. We are assuming it is just a matter of procedure and that the MLS listing is getting pulled.

There has been absolutely no contact other then the email I forwarded you from either Oscar or his office. You are correct in assuming there were no offers.
Thanks. See you tomorrow at 11.
Lesa and Al

Hi Lorraine,

Wow ... wait till you hear the whole story ... it's going to have a big chapter in my book. Anyway we were being swindled and got a lawyer. He has looked after everything. We are now interviewing real estate agents and hope to have the house back on market next week with absolutely no fear from the bank or their lawyers anymore. Boy these guys are evil. Wait till you hear the whole story.....

Anyway I am dieing to hear all about your vacation. Also what else is new with you?

Al and I are planning a little vacation to see my Mom and Dad and go visit the east coast as soon as we have everything arranged - hopefully end of August early September. We are hoping to see you and Robert and Tee would love to meet Puffin. Are you planning on any other vacations?

We are also hoping on catching the first boat to Merida from out there ...  ... then our real work begins ... WOW NOW Internet & Art Cafe .. where we will be building our website. Have you had a chance to check Merida out? We are really looking forward to the future.
We have so much to catch up on.

Hi Lesa,

Thank you so much for the picture book. You are an amazing photographer.

Wayne is doing quite well, side affects of the chemo are getting a bit rougher but his dosage strength can be reduced so he is asking for that to happen next week.

You have to send us info on where in Mexico you will be landing. When Wayne is all better, which will be spring of next year, we will begin planning trips and we will have to go to Mexico to visit you.

Did you sell your house? And did you come out of it alright? I hope so. The market is changing, and things are not so stable right now.

I couldn't open the attachment about the cancer cure article. So if you want to try sending it again, we will read it.
Would love to see a picture or two of you.
Love from Auntie J and Uncle W.
He sends his love to his most favoritest princess.

Hi Mom and Dad,

Well wanted to update you now that we have a chance to breath. It certainly has been a crazy few weeks but we have survived!!!!! And everything is going to work out even better than expected.

Anyway looks like the bank and their lawyers are a bunch of thieves. You would not believe the unethical, not to mention illegal tactics they were using in order to get control of our house. Guess this house is very desirable. Anyway all the details will be in my book which is getting to be quite exciting. I know a lot of this story is hard to believe but I have all kinds of supporting documents. Thank God our phone was cancelled because most correspondence was through email. Proof that I am not crazy ... lol. Anyway found a great lawyer who sent off a letter with a few threats of our own and now they have finally backed off and we don't expect to have any further problems with them now that we know our rights. Our lawyer advised that it is not worth getting into a legal battle with them as the cost of litigation is also scandalous and besides that we have seen enough courts for the rest of our lives. So we will be happy to have won one.

We have a new real estate agent. It was obvious that the one the bank referred us to was also in on the swindle. He's coming over for lunch today and we are working out all details. This guy is very, very professional and also we have a lot in common. His name is Robert Barkin and his family are also involved in scrapbooking and web building, interior design (if you get a chance check out his website). His referrals are excellent and he has a lot of potential buyers, who are also investors and this home is really an investors dream.

Houses continue to sell in this area despite the downturn in real estate very quickly. So we are very hopeful that we will be on are way according to plan, late August early September.

Also I have found a company that deals with estate sales in a very innovative way. Not just an auction but all kinds of avenues to sell all our contents. I am sure we are looking at some serious $$. Thank God I have good taste and lots of antiques, scrapbook supplies and collectibles. I can also finally sell that ring. Anyway I am not going to count my chickens until they hatch but we should be having some serious cash coming in within the next month. And if only I could finally pay that poor accountant who has worked for months on our files and get our money back from the government. If we do not pay her by Friday she is away for a month.

I hate to ask this but since you offered would it be possible to get our regular loan transferred into our bank account before Friday? This will definitely be the last time we will need to ask for a loan and will be so happy to finally pay you back for all your faith in us. I didn't think we would need it but our renter for the downstairs apartment fell though which really is a good thing because it gives us more options when selling and if need be we can rent this floor and move downstairs until we are on our way. We really could use a vacation soon and are looking very forward to taking a little trip out to Montreal and then out East and then MEXICO HERE WE COME.
OLE, OLE, OLE, OLE .....
lesa, al and T2

Hi Lesa

We were glad to hear from you we were wondering how it was going! It sounds like your getting things done.

I hope your working on that book it is going to be a doozy!

I will go to your bank sometime today and put the money in. Get those income Tax papers sent!!!!!!!!!!

Ted left yesterday so it is nice to have the house to our self again. Poor Dad --Ted just didn't give him any time to himself I think most of this summer has been for {Dad anyway,} in the car driving somebody somewhere. He has been to the airport 6 times picking up people or sending them on there way! I think next summer we will go away! Ok good luck in selling the house and your stuff!

Hi to Al and T2
Keep us informed of how you are doing.
Love Mom and Dad

July 26, 2008

I really do not want to feel hate.

This story is absurd. This story really must be heard.

I’m not sure where to start?

But I do know I must do it through my art.

  And perhaps once you read this you will see that you should trust in divinity.

There are many lessons here to be told.
There are many reasons I need to be bold.

I am having difficulty to not judge.
I am trying with all my might.
I am trying to fight the good fight.

But I am frightened to see it is you that is doing this to me.

Every time I turn around.

Every time I hear a sound.

I feel I am losing higher ground.

This is the hardest thing for me to bear.

That you really do not care.

But I thank God there are a few…
That truly will look after me and you.

And that is what has kept us from coming undone.

That is what has given us some hope,

That is what has made us cope.

There are people out there who really, truly care.

But there are also many I must say, who live a different way.

I will tell you I’m not sure why,

Perhaps it’s because you happen not to be poor, or black or white, or different, or we are not of your pedigree, or university.

Because you see they truly believe the lies,

that because so far their lives have not been compromised

and what they have been told to aspire to
is the reason that they are so much higher.

And  you may not know,
that even if feel some hate,
I truly do not believe you deserve the fate
that will come your way, 
if you can not believe in another way.

July 28, 2008
Infinite Love is the only truth
  Everything else in an illusion

How often I have thought of this phrase.  How often I thought I knew the truth.  Today I think I finally understand many of the messages that have come my way.

A puzzle to decipher.  One that has led me down many a misguided path. But through it all I have learnt that so many things are just illusions.

                             Smoke and mirrors

Like going through a haunted house when you are a kid and seeing yourself through a
                             Glass darkly

Now these saying are truly beginning to make sense to me.

So that’s what this is all about.  This so called magic is nothing but

                             Smoke and mirrors

And only the truth will set you free.

And knowledge is the truth.  Knowledge is the freedom.

Know your God given rights.

1 comment:

  1. To Whom it may Concern,

    While I was surfing in the net, I was shocked that this was linked to my name and I am truly disturbed!

    I also wanted to explain to whomever is reading all Lesa"s messages on line, my side of the story.

    To Lesa,

    When you came to me in desperation asking for assistance because you were not able to meet your payments, I was there for you all the way. I helped you in every step I can. I have even gone out of my way and recommended a very reputable and honest real estate agent to assist you since I know that your need was immediate. I did not force you, you asked me if I knew of a good real estate and I have recommended you next door! We have several clients in the bank that have use their services and they always have good things to say about the Agent.
    I walked you over next door to ensure that you are introduced accordingly and that your needs will be a priority since time was a factor.

    You have invited me to see your house that is why despite of my busy schedule, I came to your house together with the Real Estate Agent to ensure that you are taken care of .

    I did have several sleepless nights because I am concern about you losing your house. That is why I have attended to you personally.

    I still remembered the phone call from Oscar when he read the letter that you sent him. He was devastated and I was embarrased that you send that to him. He was trying to sell your house as fast as he can so that you will recover your down payment and have some extra money to live off whle waiting for your business to take off. The reason why the communication was limited with Oscar because during that time you did not have a phone. He wanted to do as many open house as possible however he was not able to communicate with you.

    I was really shocked by your actions and I was hoping and praying that you made the right decision. I feel bad that Oscar had incurred expenses for advertisements, time and gas and you did not give him a fair chance to do his job. Also your derrogatory letter against him and myself just for you to be out of your contract, was not fair.

    It tarnished his reputation and mine, but despite all that I still hope that you made the right choice and somehow all things worked out well for you and Al.

    I also hope that you are in good health and things are better for you. You have mentioned good things about me in your earlier comments, and I thank you for that. I am very passionate with what I do and that is turning people's dreams into reality and although life is full of ups and downs, even in your lowest moments I was there to hold your hand and I have done my best to show you the way out of the mess but you have chosen to let go and be on your own. I have warned you over and over again to take action before its too late.

    I am not sure what happened to your house, I hope that you were able to get the help you very much needed.

    Despite how old we are as children or adults, we need to listen to our parents, because they have wisdom beyond years that we don't have and they always want whats best for their children. Obedience sometimes is a must to lead a good life, less stress, less mistakes, less heartaches.

    Take care Lesa



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