BEFORE THE HEARING BOARD OF THE ILLINOIS ATTORNEY REGISTRATION ANSWER TO COMPLAINT

Transcription

1 In the Matter of: BEFORE THE HEARING BOARD OF THE ILLINOIS ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSION WR ATTV pen Y ps&p'sc COMM CHICAGO ROBERT VERNON ELDER, Attorney-Respondent, Commission No. 2014PR00019 No ANSWER TO COMPLAINT Attorney-Respondent, ROBERT V. ELDER, by his attorney, J. Randall Cox of Feldman, Wasser, Draper & Cox for his answer to the Complaint alleges and states as follows: 1. Respondent admits the allegations contained in Paragraph 1 of the 2. Respondent admits the allegations contained in Paragraph 2 of the 3. Respondent admits that Sefried's main asset was the home based on the information provided to him. Respondent affirmatively avers that Baskette did not comply with Respondent's repeated requests for information about the assets of the Estate. Respondent lacks sufficient knowledge as to whether Sefried's main asset was her home located at 310 West Magill, Sullivan, Illinois, and therefore denies that. Respondent admits the remaining allegations of Paragraph 3 of the Complaint 4. Respondent admits the allegations contained in Paragraph 4 of the Page 1 of 9

2 Complaint, and avers that the $3, fee was contingent on the real estate being the only probate asset and the estate would pay all costs. 5. Respondent admits the allegations contained in Paragraph 5 of the 6. Respondent admits the allegations contained in Paragraph 6 of the 7. Respondent admits the allegations contained in Paragraph 7 of the 8. Respondent admits the allegations contained in Paragraph 8 of the 9. Respondent admits the allegations contained in Paragraph 9 of the 10. Respondent admits and avers he discussed the sale with Baskette in October and November of 2012, according to the records. Respondent denies that he first contacted Baskette in December of 2012, and admits the remaining allegations contained in Paragraph 10 of the 11. Respondent admits he met with Baskette and Harlin as alleged in Paragraph 11 of the Complaint, and has insufficient knowledge as to when this occurred. 12. Respondent admits and avers Respondent told Baskette he had a friend who would buy the residence for $5, Respondent has insufficient knowledge to either admit or deny whether he told Harlin about the possible sale, and therefore. Page 2 of 9

3 denies that allegation. 13. Respondent admits he did not tell Baskette and Harlin that Houchin owed him money and that they had been business associates. Respondent denies that "at no time" did he disclose the buyer's name, affirmatively avers the Contract for Sale dated November 26, 2012 and Deed dated December 6, 2012, both disclose the buyers' name. 14. Respondent denies the allegations contained in Paragraph 14 of the Respondent affirmatively avers that investigative reports disclose that Eric Crouse, upon Baskette advising him she wanted $10,000.00, that he was only willing to pay $7, or $8, Respondent denies the allegations contained in Paragraph 15 of the 16. Respondent admits he told Baskette he would do the legal work for the Estate, and denies the remaining allegations contained in Paragraph 16 of the Respondent affirmatively avers he advised Baskette the heirs would likely not receive any amount from the Estate, but that she might receive $1, as an Administrator's fee. 17. Respondent admits the allegations contained in Paragraph 17 of the 18. Respondent admits and avers that Houchin received a loan from Respondent's wife for the purchase of the home which came from his wife's bank account. Respondent affirmatively avers that this transaction is described in Springfield, H Page 3 of 9

4 Paragraphs 19 and 20 below. Respondent denies the remaining allegations which are inconsistent with the foregoing. 19. Respondent admits he wrote and endorsed the check as alleged, that Houchin and Baskette, endorsed it, and that he deposited it in his trust account. Respondent denies that he kept a Trust Account "separate and apart" from the firm's Trust Account, and affirmatively avers that to the best ofrespondent's knowledge the firm did not maintain a TrustAccount for his use. Respondent affirmatively avers that he did maintain a Trust Account consistent with his obligations to do so. 20. Respondent admits the allegations contained in Paragraph 20 of the 21. Respondent admits the allegations contained in Paragraph 21 of the 22. Respondent admits the allegations contained in Paragraph 22 of the 23. Respondent admits that he did not advise Baskette of any information described within Paragraph 23 of the Respondent denies that he had a conflict of interest arising out of this allegation and denies that it was in his best interests in holding a mortgage "on the entire property for as low an amount as possible" and that Respondent's interests as the spouse of the mortgagee creates a conflict. 24. Respondent admits he did not advise Baskette as alleged in Paragraph 24, and affirmatively avers that Baskette knew that his wife had an interest in the. Page 4 of 9

5 property on Magill Street. Respondent denies that he had a conflict of interest arising out of these allegations. 25. Respondent denies he had an interest in the subject property and admits the remaining allegations contained in Paragraph 25 of the 26. Respondent admits the allegations contained in Paragraph 26 of the 27. Respondent avers he was never advised ofthe existence, name or contact information ofany potential buyer by Baskette, and admits the remaining allegations contained in Paragraph Respondent denies that at no time did Houchin take possession, and admits the remaining allegations contained in Paragraph 28 ofthe 29. Respondent denies Houchin never requested a survey, and admits the remaining allegations contained in Paragraph 29 ofthe 30. Respondent admits the allegations contained in Paragraph 30 of the Complaint, but affirmatively avers that it's generally the seller's responsibility to provide a survey ifthe boundaries of a parcel of real estate are at issue. 31. Respondent admits the allegations contained in Paragraph 31 of the Complaint, and affirmatively avers that the survey had not been completed or billed as ofthe date of closing due to the short time frame. 32. Respondent denies he "took this action to benefit" Houchin or his wife. Respondent admits the remaining allegations contained in Paragraph 32, and affirmatively avers that the assessor is advised as a matter of course of the sale of real Page 5 of 9

6 property which often results in an adjustment ofthe assessment. Respondent further affirmatively avers that the Estate would not have been eligible for such a reduction in the taxes, as the property had not been sold, and taxes are not adjusted retroactively. 33. Respondent admits the allegations contained in Paragraph 33 of the 34. Respondent admits the allegations contained in Paragraph 34 of the 35. Respondent admits he came by the property and denies the remaining allegations contained in Paragraph 35 ofthe 36. Respondent lacks sufficient knowledge to either admit or deny the allegations contained in Paragraph 36 and therefore denies them. 37. Respondent admits the allegations contained in Paragraph Respondent denies the allegations contained in Paragraph 38 of the REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. Page 6 of 9

7 WHEREFORE, Attorney-Respondent ROBERT V.ELDERrespectfullypraysthe Court order imposing no discipline, and for such other and further relief as it deems proper. RULE 231 DISCLOSURE - Attorney-Respondent has never been admitted to practice law before any other State court, Federal court, administrative agency, or in any foreign country. Attorney-Respondent has never received any other professional license or certificate. ROBERT V. ELDER, Attorney/^espoi By: Page 7 of 9

8 VERIFICATION Under penalties as provided by law pursuant to of the Code of Civil Procedure, the undersigned certifies that the statements set forth in the instrument are true and correct, except as to matters therein stated to be on information and belief and is to such matters as the undersigned certifies as aforesaid that he verily believes the same to be true. Date: 5\-\^ ^fujcv*pu^ ROBERT V. ELDER Page 8 of 9

9 CERTIFICATE OF SERVICE The undersigned of FeldmanWasser hereby certifies that a copy of the foregoing Answer to Complaint was served upon each of the addressees hereinafter set forth by enclosing the same in an envelope plainly addressed to each of the said addresses, with postage fully prepaid, and depositing same in a U.S. Mail Box in Springfield, Illinois on this ~3\-sV day ofmarch, Denise Church Attorney Registration and Disciplinary Commission 3161 West White Oaks Drive Suite 301 Springfield, IL and that the original was filed with the Clerk of the Court in which said cause is pending.. Page 9 of 9