Petition to Disolve Freedom Estates
I am writing this petition to give clarification and background information of the nightmare in regards to the dissolution of Freedom Estates.
Around the year 1991, Jeff Garn
and myself entertained the idea of starting a Real Estate business in
which we would rent out houses to help supplement our income.
Jeff was a Quality Control Engineer, and I was a Director of
Technology at that time. The push behind this idea was that
although we were not yet married and were very young, we wanted to
buy a house together, however the banks looked at us and laughed.
We found an opportunity to purchase a TriPlex thru a land contract
and this opened the door to our dreams. Jeff, inspired by the
goal to retire early and be his own boss decided in his spare time to
get his real estate license. This fueled his love and our
common interest in the housing market. Conversations with a friend
who had similar interests named Duane Bremke, lead to the idea to
partner the masterminds together in 1997.
We started off small, with just a house here and there, until 1999 when my husband decided to quit his full time job to become an entrepreneur, and opened up a computer store. This was around the time that we incorporate our business into a legal partnership named Freedom Estates, which stood for our dream of becoming Free of our jobs thru the support of the housing industry. Being his own boss this allowed him the flexibility to put in the hours as the businesses continued to grow with both his computer and real estate businesses. Jeff spent his days either making fixes to the rentals, paying bills, attending court for evictions, or running to collect rents.
Over the course of the next several
years, “life happened” and brought many changes. I had
emptied my entire 401K savings to invest into houses as the stock
market had take quite a hit. Jeff had done the same thing,
while Duane contributed what he could spare mostly in the mental and
phone skills as opposed to physical or monetary. Duane enjoyed
working with the tenants and being involved with the buying and
selling side of things. Jeff and I spent tons or hours inside
these various houses learning to do things I would never imagine, and
brought along our kids to help as well. I learned to bleach
things you cannot even imagine, rip up floors, paint walls, change
locks, fix damage in walls - etc. Whatever it took to clean up
a place after a tenant left to get it ready for the next tenant.
We liked to do things ourselves because it helped to save money and
that way we knew the quality of work was good. Jeff would
research and work out a way to make it happen with Duane, then we
would go off and make it happen.
In the year 2005, my
life changed drastically. I became sick, and wasnt able to
bounce back. My lungs, being the weakest organ in my body began
to shut down and I found myself in a position where I was quickly
fading. Luckily we were able to get some medical attention, and
I was quickly given assistance thru a Life Support system that would
breath for me for the next 10 days as I sat lifeless. The Drs
prepared my husband and my girls for the outcome, which they felt was
death. During those 10 days Jeff never left my side, and
even though I was non responsive I remember thinking "Why is
everyone so sad, I am okay." Well the outcome was
positive, and I was able to pull thru. However from that point on, I
certainly was not able to work at the same physical and mental
conditions. This lead to the eventual ending of my technology
career. From this point forward I felt it was best to stay away from
the physical and mental stress of the rentals and allow Jeff and
Duane to work the business.
That didnt last long as in 2010
Life threw us another curve ball. All along I always thought I
would be the first to die especially after the 2005 illness, but on
Oct 24th 2010, in the middle of Jeffs 42nd birthday celebration, Jeff
was welcomed into heaven. As tragic as this was for all
of us to accept, life still moves on and I in the loving memory of my
soul mate threw my grief into working for Freedom Estates to make
some changes and turn the company around.
At that time the
company was over $200,000.00 in debit with credit cards. My
first goal was to get those paid off. With the personal
donation of yet another chunk of funds (over $100,000 of unmatched
capital contribution) into the company, we were able to flip 24
houses in the year of 2011. This allowed me to pay off all the
outstanding lenders, and to eliminate the larger interest rates that
were constantly eating away the company profits. The company was
making a major turn around in business, as we were buying houses with
cash and able to continue to function debit free.
2011 was a
busy year for us, while I was still grieving, I figured out the
bookkeeping side of things, organized the filing system, and put some
controls into place to eliminate, unplanned spending. This was
met with much resistance as Duane was used to just taking some cash
when he needed something such as gas or food for the week, or new
clothes for the kids.
2012 hit another bump in business
style as Duane wanted to continue to buy , however he was no longer
listening or respecting what I had to say. Specifically he
would rent out houses, in which he could NOT sell, and then buy more
to be flipped. If he couldnt flip them, he would then assign
them as inventory for rentals, putting a crimp in the income for
Freedom. Problem with that being, the interest on the borrowed
money was FREE with me, but quite costly thru the broker that worked
with Duane. I suggested we hold off for a bit and slow things
down as we were growing too fast. Our inventory went from 13
units to now 30 + houses.
2012 was a tough year for
Duane personally as he was still trying to recoup personally from not
working in 2009-2010. He was loosing the battle of his personal
bills which was causing great stress on him and his wife. He
BEGGED me on several occasions to help him out. Because I had
tightened the belt on the Freedom spending, he was not able to just
take petty cash to help out with his bills. After the 4th or
5th time of his pleading, and threats that if he couldnt personally
get thru he would claim bankrupcy and end the business at his choice.
Finally I agreed to help take over his bills under 2 conditions.
That I would have full control of their personal checking account,
and they were NOT to continue to use their personal credit cards.
For 1 year, I managed their personal bills along with Freedom Bills,
and my personal bills. During this time I helped Duane
personally pay off several credit cards and gave him a weekly
allowance to live on totally over $40,000. Meanwhile, even
though I pleaded with him to STOP the buying, he continued, making a
real mess in trying to resolve the outstanding debit for Duane
personally.
2013 solidified what I needed to do as a business
owner. There was a clear difference in mind set in running a
business between Duane and myself. There was also an obsessive
spending habit on the part of Duanes Family that was affecting me
personally. The rules I had insisted upon, in regards to NOT
USING THE PERSONAL CREDIT CARDS was not being followed and the
balances, even though I was paying 3-4 times the monthly payment
towards reducing, was growing. Meanwhile I had college tuition
growing, with both girls entering college years, and health bills in
which I was having issues paying. Furthermore my savings of
Jeffs Life insurance funds had been depleted with the purchase of a
house that got sold and profits reinvested back into Freedom Estates,
not to mention the few houses that Duane decided to purchase without
my approval. This all was putting way too much stress on me and
flaring up my health conditions again. I had to do something or it
would not be long til the papers would be listing my obituary. With
the obsessive spending traits, and the few “behind Teresa back”
deals that Duane exhibited, I quickly realized that this partnership
was unhealthy in many ways for me, or my kids.
In April of
2013, I wrote a letter to Duanes brother asking his assistance in
dissolving the company, and asked him to relieve me of the duty of
paying Duanes personal bills. I pointed out my concern for his
mental stability in this situation as well as it was clear Duane was
going to do what he wanted no matter what. After this letter
for help was sent, the threats began both from his wife and from him
personally. This only sealed the fate of the company and made
it clear what needed to happen.
During the months of April -
July, I sought out counsel of several experts including lawyers, tax
experts, and even business advisers from LCCC. I focused on
paying off all creditors of the company, and created an impartial
road map for dissolving the business, and allocating the reaming
assets. I felt strongly that because the business was so much a
part of my late husbands life as well as mine, that it was my desire
that we both start our FRESH with our own businesses free, to grow in
our own ways, using our own support systems. To help ease
the pain of this migration, and realizing that Duane was such a busy
person with his family and work, I put some controls into place that
would allow him to be up and running without any interruptions, and
to facilitate the dissolution of the Freedom entity. I did what
I could legally do within the operations of the company to establish
separate company names, establish a Federal Tax Id, ordered checks
and got forms to set up a bank account in new business names. I
even filled the bank account with starting funds of $150.
Because Duane was not familiar with the billing cycles, I created
'bill pays' under each business bank account to hit the correct
account associated with each normally schedule bill. I even
organized and boxed up all documentation as it related to the
properties that Duane would be assuming. I also suggested that
by agreeing to this split, I would personally release him from the
over $250,000.00 in loans which we had contributed to the company, as
well as the over $40,000.00 in personal draws he made against Freedom
that were not matched by me as equal owner. I proposed this to
Duane in Aug, which was followed by tons of calls and threats, as he
didnt like the idea and felt somewhat personally insulted that I was
suggesting that I no longer wanted to do business with him and that
was final. The next 4 months met with threats of suing me for
fraud, all the way to threats of making sure he destroyed my credit,
and in return loose my personal house. I also got phone calls
telling me he was calling the cops to have me put away in jail for
trying to help him out, leaving my kids who had just lost their Dad
and now threatening to destroy their Mom.
In June 2013 Duane suggested a split of
the company in which he would get 70% of the properties and I would
only get 30% Despite the over $250,000 of unmatched
personal capital contribution I had made over the course of the last
3 years.
In Oct 2013, I had no other choice by to seek
legal council to control his rage and stop in his threats. Thru
mediation, we had finally reached a settlement that was to be signed
on Dec 31 2013, however at the last min Duane changed his mind.
The
past year of my life has revolved around schedules of mediation
talks, broken settlement agreements, and ridiculous demands,
defamation of character by Duane, verbal exclamations of deceit from
his lawyer as well as weeks upon weeks of stalling. June was a
milestone, as we “thought” we had an agreement, with the
assistance of the Judge and Lawyers, only to have the agreement all
thrown out at the last min by Duane. Postponed by a month we began
operating under seperate income/expenses as of July 1st.
Now after these past 5 months, Duane is making a claim he wants all
properties, and will buy me out for pennies on dollar. However he
has already lost one property as a result of his operations over the
past 5 months. He wants to hold me responsible for the lost of 1
building - housing over 5 businesses here in Wellington. This
downward spiral, only continues as the other banks are watching this
and ready to call in their notes.
How can you make a
difference you ask?
To date I have not had the chance to actually share my story with the courts. We have been given a court date to go before a jury, however that is another 8 months out. The fight I have given to date has simply been shrugged off by the other side implying “that I am trying to destroy the business as some evil vengeance as a result of loosing my husband.” (Actually if I wanted to destroy the company why did I invest so much into it to get it out of debt? Why did we DOUBLE in size in the year 2011?) I have sought and followed advice from his own family, legal experts, the court as well as given in to each and every demand he has offered only then to have him back out again and again. I have ignored his threats upon my family, my disability, and my reputation. I have played by the rules, within this business that was thrown into my lap, I stepped up to accept the responsibility. At this point I have given my all into this partnership of Freedom Estates, but it is NOT working. I am begging you to sign this petition, or to voice your concern, in support to end this needless waste of time, money, and energy. I simply want my life back, I want to be able to responsible for my own actions, my own thoughts, and my own decisions. I want to pay my own bills and only my own bills. I did not marry this man or his troubles and I do not want to dance around child support demands, I simply want my share of the business and the freedom to live my life and pay my dues. I want to be able to enjoy my daughters wedding in July. I want to be able to save up money and take a vacation when I need to get away. I want to be able to sleep at night and not worry about if someone is watching me. I want to grieve and heal from the lost of my childhood sweetheart, and not have to console others. I want to be able to do good for this world and for myself, I want to be FREE. Wellington is a small town, and many of you know me personally. My ONLY hope in getting this resolved is to send a Plea to the Judge to intervene, to dissolve the company IMMEDIATELY per the Operating Agreement – despite what either of us want. It is clear there is NO Chance at negotiating. This isnt rocket science, we are closing up a business, and this happens EVERY day. Please, set down the order of the law and follow up to make sure the orders are followed.
Thank you for taking the time to read this and to share your thoughts, your voice may help make a difference in my life.
God Bless
Teresa Garn
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