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Monday, July 15, 2013

RealtySouth Agent Amber Darnell Says Clear Law Will Not Stop The Sale Of Bonnie Cahalane's House

Amber Darnel
An Alabama real-estate agent says she plans to sell a house belonging to a Chilton County woman who was unlawfully incarcerated for five months last year.

Circuit Judge Sibley Reynolds ordered Bonnie Cahalane jailed as part of the fallout from a divorce case styled Wyatt v. Wyatt, and then orchestrated an agreement for the sale of Ms. Cahalane's house while she was under threat of being returned to jail if she did not comply.

Court documents show that Amber Darnell, of RealtySouth, is listed as the agent for the Cahalane property. I called Ms. Darnell recently and informed her that both Ms. Cahalane's incarceration and the resulting sales agreement were contrary to black-letter Alabama law.

Ms. Darnell's response, in so many words, was that she is just doing what she's told, and the sale will proceed. (See video at the end of this post.)

"I've been told not to discuss anything with you because of this court order," Darnell said. "So I have no response on anything."

Darnell said she wasn't aware of Cahalane's incarceration, and it had nothing to do with her. "That's confidential information . . . all I'm trying to do is sell the house."

I reminded Darnell that it is actually is public information, from court records, and asked for the name of her superior at RealtySouth. She said it is Patty Bingham, and I stated that the company is unlawfully selling a house, one that essentially is being stolen from its owner.

Does that concern Amber Darnell or anyone else at RealtySouth? I couldn't tell that it does. Darnell claimed that Cahalane had agreed to the sales arrangement, but I said that came when she was wearing prison clothes and under the duress of being unlawfully returned to jail. A contract under such circumstances, by law, is void--but that didn't seem to bother Amber Darnell.

"I'm doing what the court has asked me to do," she said.

I noted that Ms. Cahalane likely will have grounds for a civil-rights complaint in the future, and that could expose RealtySouth to substantial liability.

Ms. Darnell's response? "All I can do is do what they've told me to do."

(To be continued)


Anonymous said...

I think their (real estate) response translates into 'I don't care..I'm all about the money and me and don't complicate my life'

Phenix City

legalschnauzer said...

That's pretty much what I hear, too, D.M.

Anonymous said...

You don't cross Sibley if you live in Chilton County. There are plenty of people that are terrified of him that have to live there. He's been described as the kind of guy that enjoys hurting animals. I'm pretty sure that Ms. Darnell really has no choice.

Anonymous said...

Real-estate agents are all about the commission. The law doesn't mean squat to them. It's interesting that you caught one in an honest moment.

Anonymous said...

How on earth does a real estate agent get assigned to sell a house by a court? What kind of strings did Ms. Darnell have to pull to get that assignment?

Anonymous said...

What does this say about RealtySouth, that it would essentially help steal a house right out from under the lawful owner?

Anonymous said...

This whole saga makes my blood boil. This can happen to any of us, people! Your house might be the next one that Sibley Reynolds decides to steal, with the help of RealtySouth.

Anonymous said...

I hope Bonnie Cahalane winds up suing RealtySouth and little Miss Amber for about $25 million--and I hope Bonnie Cahalane winds up owning that company. Maybe Bonnie can hire Amber to clean toilets for her.

Anonymous said...

Chilton County is run by sociopaths and populated with a bunch of spineless jellyfishes. Grow a spine, Amber, act like an adult. I bet you claim to be a patriot who supports our constitution. Well, start acting like it!

Anonymous said...

Americans are trapped, caged, wounded animals and wild. This 'agent' believes there isn't another 'choice'.

The Real Estate Commission, TOP, and of course the American Bar Association, and then the Bankers' Association as well the Builders' and name an Association that hasn't participated in the fraud.

All 'US Citizens' involved in this time of collapse had best get dialed into the real truth and then justice has to be worked, it doesn't just show up, notice the agent is clueless in the interview.

Keeps our dumb well fed, the FED.

Bonnie needs all the Alabama people, because this isn't about Bonnie - this is one of the many 'bricks in the wall', of how Don Siegelman is also Bonnie and then the bookends prove corruption:

WRITE and wet signatures, to the top Real Estate and ABA et al, NOTICE has been 'served', lawsuit to be filed due to the obvious no due process law in Constitutional Muster real time passing go.

LS treasure, USA isn't a trustworthy 'trust' LS, be careful

Anonymous said...

Real estate agents, lawyers, bankers, and insurance companies all feed off each other. And they tend to attract people who either have no conscience or put their ethics on hold for the sake of greed. That explains much of what is wrong with our country.

Anonymous said...

Wonder how much it is.. Maybe we could all donate and have fundraiser and buy it and give it to her. Would that not chap the ex?

Coyote Lane said...

The Federal Reserve System and the Internal Revenue System and the secret societies that have used humans for centuries as 'commodities' to trade and exchange is indeed what's wrong with this country. The list of real estate agents, lawyers, bankers and insurance agents are the 'FED' in the religion of Wall Street.

The FED looses its charter this coming year, December?

Should Americans not stop the fraud FED from yoking US again for another 100 years, then doom is the last boom with a whimper.

Anonymous said...


Anonymous said...

See if soJust a hunchmeone in his family works at RealtySouth. Just a hunch.

legalschnauzer said...

Anon at 7:03--

I'm afraid I don't understand your message. Can you clarify?

Anonymous said...

I hear that Sibley Reynolds has a cocaine dealer who makes periodic visits to the courthouse--and all business stops while they repair to chambers. My understanding is that this gentleman lives in Maplesville and is involved in the trucking business. Would be glad to share more details.

legalschnauzer said...

Anon at 8:02--

Bring the details on via my personal e-mail address: rshuler3156@gmail.com

Anonymous said...

don't forget LS, between the end of July, and beginning really in August, the 1st, through the end of August and into first week of Sept

all LS 'community' pay attention & be prepared, like an emergency have ready emergency necessities and other stuff

e.a.f. said...

Ms. Darnell has a choice. When it comes to ethical issues we all do. Sometimes people just like to make the "easy" choice because it is the profitable one.

No one forces a realestate agent to "sell" a home. Any agent can refuse a listing.

Ms. Darnell simply is just another e.g. of why the courts get away with what they do. There is always some one to help them along. If agents simply refused to list the home, the court might have a problem.

To do that though requires some back bone. something which is missing in many these days.

Anonymous said...

Why haven't we heard from Bonnie Cahalane and/or her attorney?

legalschnauzer said...

We will hear from both, although it's difficult to get much out of the attorney (Angie Avery Collins) since she doesn't seem to return phone calls--at least, not mine. Perhaps you would like to give her a try. The number in Clanton is (205) 287-0282. Ask her what steps she has taken to keep her client's house from being unlawfully stolen. Ask her what laws she can cite that show the sale is lawful. Please let me know what she says.

Anonymous said...

We called her number. She never works! Lazy!

Anonymous said...

This is outrageous! The court did not need to involve a real estate agent in this! Reynolds did that to transfer liability and make more trouble for Bonnie! Not all real estate agent are unethical and criminal like this one.

Anon had a brilliant idea! I think Richard Scrushy should buy that house for Bonnie and transfer the deed back to her. Write it off as a gift/ donation to a good cause he's very familiar with! Hell form a non-profit forthat purpose. That's the only way to beat these criminals!

Anonymous said...

Wow! Amber is one dumb country bumpkin. She needs to retread AL real estate law especially since she now has a invalid contract! Contract law is key here! As well as agency agreement! Her goose is cooked when Bonnie gets this ball rolling! Reynolds just did Bonnie a huge favor by involving ding dong Amber!

legalschnauzer said...

Anon at 8:58--

You make a very good point. It's not my place to do Amber's job for her, but I try to explain to her in the audio that the contract is void under the law, and she and RealtySouth could face major liability down the road. I doubt that a jury will look favorably on her "I'm just doing what I was told" position when Bonnie Cahalane files a federal civil-rights lawsuit. Bonnie Cahalane might wind up owning RealtySouth before it's all said and done.

Anonymous said...

LS I have to wonder what the buyer thinks about this? Something tells me they weren't told about this situation and amber is by law required to disclose certain things re: the sale.

Also there is a one year right of redemption law in AL. Wonder if Bonnie knows that? If that house is sold, Bonnie has one year from the date of closing to redeem her home. If Amber was an ethical agent, she would have disclosed that to both Bonnie and the buyer. Something tells me she didn't!

legalschnauzer said...

Anon at 7:59--

Both excellent points. Thanks for sharing. I am actively reporting on this situation, so will look at these issues.


Anonymous said...

Furthermore , if Bonnie were to redeem her property, the buyer is out all costs associated with the purchase. Buyer wouldn't be happy but the law would protect the agent due to caveat emptor. Although with this situation, she maybe required by law to disclose this. If so Amber could be sued by both Bonnie and the buyer! Obviously so could Realty South
Can't remember if Bonnie's right of redemption would be for purchase price or what she owed.

Anonymous said...

Bonnie can redeem property for what she owed.

Anonymous said...

Bonnie signed contract and all papers assoiated with sell of house and also took check for 97,000 plus out of house and all furiture that was in house that MR Wyatt paid for over 20,000 in furniture and load on house was for 20,000 cash Bonnie got also!

legalschnauzer said...

Anon at 9:11--

Can you do either of the following?

* Cite a law that shows Bonnie Cahalane's incarceration was lawful;

* Cite a law that shows the contract for sale of Bonnie Cahalane's house was lawful.

If you can't do both of the above, the information you provide doesn't mean a thing under the law.

Anonymous said...

Amber Darnell has a full time state government job at DHR.