Saturday, July 12, 2014

Update November 2015 MBA Properties Inc.'s unaccounted funds still on deposit in the Registry of Superior Court Cobb County & the Accountant and Receiver's Report



Bruce Ailion my ex-husband lawyer and real estate broker gave sworn testimony to Judge Adele Grubbs according to the court transcript at the October 1, 2004 hearing shown below:

































a)      Bruce Ailion stated that he had unclean hands regarding the taking of MBA Properties Inc. funds and answered “Yes, I have” on page 87, lines 16 of the court transcript in response to the question asked “Have you done anything during this time that would give you would give you unclean hands so that as you sit here before this court and ask for relief that it would prevent you from getting relief?” shown below on page 87, lines 9-12.  
 
b)      Bruce Ailion stated on page 88, lines 8-11, of the court transcript below “You know, there may have been a couple of small checks under five hundred or six hundred dollars that I deposited when Marla wasn't making the twelve-hundred-dollar-a-month payment to me that she was obligated to.”
Bruce Ailion’s testimony is clearly not the record in this case, over $200,000 in cash and checks from MBA Properties Inc., where shown to have been deposited into his three personal bank accounts and corporate accounts and is shown in detail in the Submission Of Report of Accountant And Motion For Termination of Receivership filed November 7, 2006 below.









On page 6 of the Beddow's Report below, it states that in Bruce's account ending in 5284 the ReMax checks Bruce provided were deducted. There was $59,045.55 deposited by Bruce in cash and it appears Bruce's checks from ReMax were deposited, drawn on a local bank, yet most of the deposits were in cash.  However, in Bruce's account ending in 6591 there was $80,903.24, deposited in cash, from April 2002 through November 2004and no ReMax checks (or any other checks) were provided by Bruce that were associated with those cash deposits. 











Judge Adele Grubbs failed to issue any order regarding the MBA Properties Inc. monies, even after the filed Submission of Report of Accountant and Motion for Termination of Receivership filed November 7, 2006  shown above, which detailed over $200,000 in cash and checks were deposited into Bruce Ailion’s various accounts.

MBA Properties Inc. over the term leasing commissions were collected by the Receiver, Robert Silliman and the Clerk of Superior Court of Cobb County and were paid into the Registry of Cobb Superior Court without any accounting for how much money was deposited shown below in Judge Grubbs December 5, 2005 Order Terminating Receivership and Directing Funds To Be Paid Into Registry Of Court.


In Judge Adele Grubbs Order Terminating Receivership below, she directs the Receiver to deposit (M.B.A. Properties Inc.'s) funds, without stating the amount of the funds collected over the past 26 months.  The Order below also directs the unaccounted MBA Properties Inc. money that was collected  from October 2004 until the date this order was filed, December 5, 2006 to be paid into the Registry of Cobb Superior Court without any specific amount of money being stated.  Both the Clerk of Superior Court of Cobb County and the Receiver Robert Silliman collected M.B.A. Properties Inc. monies from October 2004 until this Order below filed December 5, 2006.  I was incarcerated during most of this time.   I was awarded M.B.A. Properties Inc. in a Final Order (Binding Arbitration) filed December 5, 2003.

Judge Adele Grubbs and the Receiver never issued an accounting for these M.B.A. Properties Inc. funds in any Order issued by the court.

There was never any accounting for the MBA Properties Inc. funds from the Clerk of Superior Court of Cobb County who was ordered to continue to collect the over the term leasing commissions of MBA Properties Inc, in Judge Grubbs December 5, 2006 Order Terminating Receivership and Directing Funds To Be Paid Into Registry of Court.

There was also never a release of all of the MBA Properties funds they deposited into the Registry of Cobb Superior Court in any order in the case record. 






Despite the record and the filing of the above Submission of Accountant Report and Motion For Termination of Receiver filed November 7, 2006  (detailed over $200,000 in cash and checks were deposited into Bruce Ailion’s various accounts) on January 4, 2007, Judge Adele Grubbs released $6,000 of  MBA Properties Inc. funds to Bruce Ailion to settle the lawsuit against him in Federal District Court in Kansas City for using the ERA name without renewing the ERA franchise agreement.










I  was awarded MBA Properties Inc. in the Final Order (of Binding Arbitration filed December 5, 2003) below.  The final Order states any MBA Properties debt after the business is concluded, and not specifically stated herein shall be Mr. Bruce Ailion's responsibility.  Despite this final Order, Judge Grubbs released $6,000 of the unaccounted MBA Properties Inc.'s monies collected by the Receiver and the Clerk of Superior Court Cobb County and paid into the Registry of Cobb Superior Court.

  
While I was still incarcerated Bruce Ailion signed a Quit Claim Deed shown below, filed on September 30, 2005, on behalf of MBA Properties Inc transferring title or ownership of 1591, 1593,1595, and 1597 Spring Leaf Point, Smryna, Georgia (Cobb County)  to Miller J. Ogidigben and Lourdes A. Ogidigben.
While I was still incarcerated Bruce Ailion signed a release of the deed to secure debt for MBA Properties Inc., shown below filed October 11, 2005, for Miller J. Ogidigben and  Lourdes A. Ogidigben for 1591,1593, 1595, and 1597 Spring Leaf Point, SmrynaGeorgia (Cobb County). 

Bruce Ailion was not listed having any ownership in MBA Properties Inc. according to the Secretary of State of Georgia’s corporation records below.


Why was $6,000 of these MBA Properties Inc. funds collected by the Receiver and Clerk of Superior Court of Cobb County released to Bruce Ailion to settle the lawsuit filed against him by ERA Franchise Systems in Federal District Court in Kansas City? The Final Order (of Binding Arbitration) filed December 5, 2003  states any MBA Properties debt after the business is concluded, and not specifically stated herein shall be Mr. Bruce Ailion's responsibility.  Despite the Submission of Accountants Report And Motion For Termination of Receiver filed November 7, 2006, Judge Grubbs released $6,000 of the unaccounted MBA Properties Inc.'s monies collected by the Receiver and the Clerk of Superior Court Cobb County and paid into the Registry of Cobb Superior Court.

According to the accounting received by my attorney David Oles, the total amount of M.B.A. Properties Inc. funds remaining in the Registry of Superior Court of Cobb County is approximately $22,045.58.  These fund have remained on deposit and were collected from 2004-November 30, 2010.  They have not been released as of  November 2015.

No comments: