CHAPTER 2: THE 38 HOMES IN THE BARN LOFT

CHAPTER 2: THE 38 HOMES IN THE BARN LOFT

The Wednesday after the settlement was the day my daughter Linnea brought me her concerns.

She came out to the ranch after work at 6:30 p.m. Still in her DA's office clothes. She sat at my kitchen island with a glass of wine. She did not for the first 3 minutes say anything. Then she said, "Daddy, I've been thinking about Mary Lou Stoll.

She filed a knowingly frivolous lawsuit that sought to seize a 140-acre easement over your ranch under cover of property values that were not by any actual appraisal devalued by your chickens. She signed that complaint personally. She made statements at her dinner party Saturday night that by every account I have heard from three separate neighbors indicated she knew the lawsuit was a pretext for expansion of her community. She has signed in addition four years of HOA annual reports attesting to the HOA's clean chain of title to the common areas.

When by what we now know she had multiple internal communications indicating that the developer reservations were unresolved. Linnea, where are you going with this? Daddy, Mary Lou Stoll is a candidate for prosecution. She has committed perjury in her HOA filings, abuse of process in her lawsuit, and intentional infliction of emotional distress on you personally.



She also holds a California real estate broker's license that she has not in five years properly maintained. She paused. Daddy, I will not, because of the conflict of interest, prosecute her. But I am going to ask the senior DA at my office to pull her file.

And I am going to ask the FBI San Francisco field office to look at the four years of HOA annual reports. Linnea, there's something else. In going through her filings this afternoon, I noticed that the Vintner's Crest HOA has been collecting since 2019 a quote master insurance premium "of $4,800 per home per year from each of the 38 homeowners. Total annual collection, $182,000.

I cross-checked against the California Department of Insurance public records. There is no master insurance policy on file for Vintner's Crest. There never has been. Mary Lou Stoll has been pocketing the premium for 5 years.

I sat very still. Daddy, that is approximately $910,000 of homeowner money collected under a sworn representation that the funds were going to a master insurance policy that appears to have gone instead into Mary Lou Stoll's personal accounts. Deborah, beside me at the kitchen island, said, "Linnea, sweetheart, how sure are you?""Mama, I am as sure as I have been about any case I have brought in 7 years. I will have the file confirmed by Monday morning."Linnea, pull the file and call the FBI.

She nodded. She finished her wine. She drove back to Santa Rosa. The following 6 weeks I did three things.

I worked the ranch. The horses needed exercise. The chickens needed feeding. The fall hay crop needed cutting.

I ran the tractor. I rotated the cattle. I helped Quill rebuild the fence on the South Ridge where a fallen oak had taken out 20 ft of post and rail. I spent two long afternoons in late September splitting firewood for the winter.

I spent one quiet Sunday morning bottle feeding a runt calf whose mother had rejected him. He survived. He is, today, a calm, patient 18-month-old steer that follows Quill around the South pasture like a dog. We have, by joint family agreement, retired him from the freezer.

He will live out his days on the ranch as a useful and beloved nuisance. I worked with Ophelia on the formal quitclaim deeds. 38 individual instruments, each one extinguishing a recorded reservation in exchange for a single dollar of nominal consideration. Ophelia drafted each in plain English.

I signed each at her office over the course of three Wednesday afternoons. I cooperated with the FBI. Special Agent Rowan Halsey of the San Francisco Field Office came to my ranch on a Thursday in mid-September with a quiet, professional manner and a digital recorder. He asked me in 2 hours every relevant question about my Uncle Reginald Carrington's Development Corporation, about my father's handling of the estate, about the box in the barn loft, and about the chain of decisions that had led from the August lawsuit to the October quitclaims.

He left with copies of the documents from my uncle's box. He called me back 3 weeks later to tell me that the federal investigation of Mary Lou Stoll was moving very quickly. Her bank records had been subpoenaed. Her personal accounts had been frozen as part of an asset preservation order.

The $410,000 of the missing $910,000 she had not yet spent was preserved. Most of the money, by Halsey's quiet account, had gone into renovations of the Stull home, a 60-ft custom-built motorboat moored at Lake Sonoma, and a series of investments in a Palo Alto venture fund that Cornelius had advised her against. He also told me, in his careful, professional voice, that the US Attorney's Office was very interested in Mary Lou's three prior, similar nuisance lawsuits, two of which had been quietly settled, and one of which had been dismissed. The pattern, in his words, was the most important element of the federal case.

He thanked me for opening the door to it. Meanwhile, Peter Halverson, in his first 90 days as president, had restructured the entire HOA budget. He had eliminated the master insurance line item temporarily, pending the new policy that Greta Lindquist's brother-in-law's firm in Marin would underwrite in November. He had cut the Architectural Review Committee from seven members to three.

He had reopened the community clubhouse to homeowner use at no charge for the first time in 5 years. He had organized a community work day in early October, during which 43 homeowners spent a Saturday clearing brush from the southern boundary firebreak that had not been maintained since 2018. Quill drove our tractor up the hill to help. Deborah sent eight dozen eggs and a tub of her chicken stock soup.

Meanwhile, in late September, the Vintner's Crest HOA reorganized. Peter Halverson was elected interim president at a Tuesday meeting attended by 36 of the 38 homeowners. He had run unopposed. He had given a short speech in which he had thanked me by name and had committed to drafting new bylaws within 90 days.

The declaratory judgment hearing was held in Sonoma County Superior Court on a Wednesday morning in mid-September. Ophelia had decided that the cleanest path forward was a single formal proceeding in which the court would acknowledge the recorded reservations, acknowledge my legal title, and then immediately accept my unilateral quitclaim of those reservations to each homeowner for $1. The hearing was scheduled for 90 minutes. The courtroom was packed.

Approximately 60 of the 38 homeowners attended, accompanied by spouses and adult children. Mary Lou Stoll did not attend. Cornelius Stoll did attend in the back row in a navy blazer. He did not speak.

The Honorable Hadassah Crane presided. She was a careful 62-year-old judge with 29 years on the Sonoma County bench. She opened the hearing by asking three direct questions of Ophelia. First, was the chain of title to the 38 Vintner's Crest lots by the recorded documents and evidence defective in the manner alleged?

Ophelia presented the 1996 recorded reservations, the 2010 probate file, and my recorded inheritance documents. She walked the court through the chain in 9 minutes. Judge Crane confirmed, yes, the chain was defective. Second, did the petitioner, Ellis Carrington, hold legal fee simple title to the underlying lots by virtue of the inherited reservations.

Ophelia confirmed. Judge Crane confirmed. Third, did the petitioner consent to the immediate execution of 38 individual quitclaim deeds in the form attached to the petition for $1 each to be recorded simultaneously with the court's order. Ophelia confirmed.

The court turned to me. I stood at counsel's table. Judge Crane said, "Mr. Carrington, the court has before it 38 individual lots whose legal title has been since 2010 vested in you. By the petition the court is reviewing this morning, you have offered to quit claim to each of the 38 homeowners full and clean legal title for $1 of nominal consideration.

Is this offer made of your own free will without coercion and with the understanding that upon execution you will retain no remaining interest of any kind in any of the lots?""Yes, your honor, it is.""And Mr. Carrington, is there anything you would like to say to the homeowners present this morning before the court accepts your quit claim?"I had not prepared remarks. I turned to face the room. I looked at the homeowners. I looked at Cornelius Stoll in the back.

I looked at Peter Halverson in the second row. I looked at Linnea, who had come for moral support, in the third row. I looked at Deborah beside her. "Your honor, I would only like to say to the homeowners present that the recorded reservations my uncle Reginald Carrington filed in 1996 were never intended by him as a lasting encumbrance on your homes.

He intended them as a routine developer safeguard to be quietly released at each closing. He neglected to do so before he closed his company in 2009 and he died before he could correct the oversight. I am, this morning, simply completing the work he intended to complete 15 years ago. Your homes have always been yours.

By the court's order this morning, that fact will be, finally, on the recorded title chain. I wish each of you many years of good living in the homes you love. The courtroom was quiet a beat. Judge Crane said, "Mr. Carrington, thank you.

The court accepts the petition and the quitclaim deeds as offered. The clerk will record."She struck the gavel once. The hearing had taken 31 minutes. The 38 quitclaim deeds were stamped by the recorder's office at 11:00 a.m. on Wednesday, September 17th.

The 38 homeowners held full clean legal title to their homes by 11:02 a.m.

Ellis had restored every homeowner's title for one dollar, but the court hearing was only the beginning. The evidence uncovered along the way was about to turn Mary Lou's private abuse of power into a federal reckoning.

>>>>>>NEXT CHAPTER 3: THE COMMUNITY THAT TOOK ITSELF BACK<<<<<<

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