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Tuesday, February 21, 2017

Why did Missouri lawyer David Shuler, my brother, form a property-related LLC for our mother just days before my wife and I were unlawfully evicted in 2015?


The Stamps General Store in Osage, Arkansas,
which was in my family from 1912 to 1990.
(From wikipedia.org)
My mother has owned or co-owned property in the Ozarks region of Missouri and northwest Arkansas for more than 60 years. All that time, to my knowledge, she never saw the need to organize her holdings under a limited liability company (LLC). So why did that suddenly change on August 31, 2015, just nine days before my wife, Carol, and I were unlawfully evicted from our apartment in Springfield, Missouri -- an event that caused a Greene County deputy to break Carol's left arm into numerous pieces, requiring trauma surgery that is expected to leave Carol with 75 percent usage in that arm?

Here is another question: Why was my family willing to make it appear that Carol and I were homeless -- when we haven't been, and my family owns property that Carol and I could use temporarily, making sure we don't become homeless? Was I raised by people who are so thoughtless and devious that they would have to improve to be compared to pack of wolves?

We've presented indisputable evidence that my brother actively has been trying to harm Carol and me -- it's not just a matter of "not helping" -- so a reasonable person could wonder about the motives behind this LLC.

We'll return to the questions above in a moment, But for now, why did my lawyer brother, David Shuler, find it necessary at that time to form G Shuler Properties LLC? (My mother's name is Gondylyn, "Gondy" for short.) My mother is 87 years old, and as I understand it, David is her trustee --  and she pretty much lets him handle all of her affairs. In fact, it seems most of my immediate relatives take advice from the "family lawyer," which might explain why our family has descended into a state of embarrassing dysfunction. David is the only member of my family, that I know of, who has demonstrably dubious ethics. No wonder he was attracted to the legal "profession."

It's not like my mother is a "land baron." Her holdings -- at least the ones I know of -- are modest, by most standards. She and my father owned two properties in Springfield, Missouri -- and when my father died in 2008, she became sole owner. According to Greene County records those properties are:

* 1123 W. University--This is our original two-bedroom family home, the one I arrived at after being born in 1956 at Springfield Baptist Hospital, which now is Lakeland Behavioral Health System, which specializes in psychiatric care for children and adolescents, plus adults over 60. Records show this house has 780 square feet (God, no wonder it felt crowded), with a current appraised valuation of $45,800. My parents have rented this home to a number of individuals and families since we moved to larger quarters in 1966.

* 3427 VanOwen--This was my home from fifth grade through the end of college, until I moved to Birmingham, Alabama, to seek "fortune" in the journalism business. My mother still lives here. Records show this house has 2,212 square feet (God, no wonder I felt like I could breathe there), with a current appraised valuation of $100,400. My memory is that my parents paid $18,000 for it in 1966; I might be overstating that figure. (Times have changed.) It sits on 1.1033 acres of land and was a great place to grow up, especially in a family with four active kids -- one of whom (me) tended to be playing some sort of ball almost all the time. My brother, Paul, also was a pretty fair athlete and might have been able to pitch at the college level if he had not hurt his rotator cuff.

My mother had three siblings, who all are deceased. They shared ownership of the family plot in Carroll County, Arkansas (near the tiny hamlet of Osage) for years, but my mother, as far as I know, now is sole owner.

As recently as February 2013, records showed my mother owned three properties in Carroll County, with a total value (if my memory is correct) of about $70,000. (Osage, Ark., is not a hot spot for development. That valuation, however, might be way less than what the land would bring on the market.)

The historic Stamps General Store was in my mother's family for decades -- her maiden name is Stamps -- and it now has its own Wikipedia page. It was in our family until about 1990, and now is home to a pottery shop.)

Records currently show no properties in Carroll County under my mother's name. What happened? Were the properties sold? Were they placed under some other entity, such as G Shuler Properties LLC? If so, why was that done?

My family doesn't clue me in on such decisions, so I don't have answers to those questions -- although I'm getting close to finding answers. But I do know this: G. Shuler Properties LLC was formed at a curious time, nine days before Carol and I would be victims of an unlawful eviction. (See the LLC's Articles of Organization below.) And my lawyer brother knew the unlawful eviction was coming, and chose to do nothing about it. In other words, he has clear liability, and it's likely my mother does, too.

I also know this: My family could have allowed Carol and me to live temporarily at my mother's rental home. My sister and her husband lived there, rent free as far as I know, for a year or two after they got married. One of my nephews lived there until he trashed the place so badly that he moved out, and his parents were stuck with fixing it. (Was he charged rent? Maybe, but I doubt it.)

On top of that, my lawyer brother is proprietor of Old Ivy Properties LLC, which seems to deal with rental properties, so he is in the landlord business, too. Is that how he came up with the idea for G Shuler Properties LLC, and if so, what is the new company's purpose?

As for Carol and me, we are living in a pay-by-the-week motel, and the roof over our head is a day-by-day proposition.

In essence, Carol and I have been treated differently from everyone else in the family -- and we've been the target of such contempt pretty much from the day we got married. That's why we had avoided Springfield, Missouri, for roughly 22 years -- until I got kidnapped and thrown in jail, and our house in Birmingham was stolen from us, and we were staring homelessness in the face.

We moved here mainly because it was somewhat familiar, and it was our only real choice. But has my family been more of a help or a hindrance? I hope to find the full answer to that question someday. For now, I know that Carol and I remain close to homelessness -- and I've seen no signs that my family cares one iota.

It did, however, care about starting G Shuler Properties LLC, for some unknown reason.

(Note: I have discovered that several documents related to David Shuler and Trent Cowherd, our former Missouri landlord, seem to be missing from our computer. Did someone hack our computer and steal the documents? I'm not sure, but I intend to find out. If the answer proves to be yes, someone might be facing criminal charges.)


26 comments:

Anonymous said...

check christian county recorder online site
shuler trust

Anne Kronenberg said...

Your brother set up the LLC to hold the property for tax purposes. Not very exciting, I'm afraid.

I'm sorry to read that you are estranged from your family, but that is why they are not helping you and Carol right now. Their perspective on your actions differs from yours.

Your computer might well have been infected with malware. It is very common these days, and is often undetected. I don't think specific files would be targeted, though. Data loss and bit rot are inevitable with what I know about your set-up.



Anonymous said...

I'm far from an expert on this topic, but when a lawyer does something like this, it's a good bet the intent is to screw somebody.

legalschnauzer said...

Anne:

Why would he let this go for all of these years and set up the LLC just as Carol and I are about to be evicted? You seem to be glossing over the curious timing.

Anne Kronenberg said...

The LLC is to deal in part with potential estate issues. You mother is getting older and does not or cannot look after her own affairs as she once did. The timing in regards to your situation is likely a coincidence.

Clearly you and your brother don't get along, so I'm not surprised he isn't reaching out to help you.

Anonymous said...

That's a cool looking old store. Looks like it was built to last.

legalschnauzer said...

Anne:

If you are so knowledgeable, why are you using a fake name? You clearly aren't Anne Kronenberg.

Anne Kronenberg said...

Anne Kronenberg is my name and I've had it my whole life :-)

legalschnauzer said...

Where do you live, what do you do, and why do you seem to have a personal interest in matters related to my family? When one clicks on your name, why does it go to something called "CyberCrime Tracker"?

Anonymous said...

Aren't LLCs supposed to limit your liability, for some purpose?

Anonymous said...

The advantages and disadvantages of an LLC, from LegalZoom:


https://www.legalzoom.com/knowledge/llc/topic/advantages-and-disadvantages-overview

Anonymous said...

I would say your brother knew someone was going to get hurt during your eviction, and the LLC is designed to cover his ass -- or your mother's ass, or both.

Specifically, it's designed to cover someone's assets.

Anonymous said...

I've been to that store in Osage many, many times. What a great place, in the middle of nowhere.

I remember when Frank Stamps ran the store. I assume he was related to you?

I believe I've met your mother. I know I've met Carl, Imogene, and John. Sorry to hear your mother has turned out the way she has. Hard to believe a mother could turn her back on a son the way she has. Your brother must be a real piece of work. Unfortunately, these things happen in many family's, especially when someone is driven by greed.

Hope things take a turn for the better for you.

legalschnauzer said...

Yes, Frank Stamps was my mother's cousin. I guess that makes him my cousin, first removed (or something like that). Frank was a great guy and had an awesome selection of candy and soda. His store was a dream place to visit for a kid.

Anne Kronenberg said...

Retired legal secretary Illinois who found your blog researching political prisoners in the US. I'm in the phone book, easy to find.

Personal interest in your family? You published a post about them that indicates that you want people to have an interest, I guess.

legalschnauzer said...

Welcome aboard. Glad to have you. If you are interested in political prisoners, you're probably aware that I was one. I've had a front-row seat to study that subject.

Anonymous said...

Your family, indeed, sounds effed up. I come from an effed up family myself, so you have my condolences. Your brother needs to have somebody kick his ass.

Anonymous said...

You old fool. How ungrateful and stupid you are.

Your mother paid your rent for an entire year. A YEAR. Every payment, out of her own pocket, to help you get on your feet after your ridiculous windnill tilting got you and your wife tossed out of your former house.

Your mother was subject to litigation - a lawsuit - because of you and your refusal to quit the rental property she had been paying for, for a year, out of her own pocket, to help you.

Protecting her assets, protecting her from anything your might do or liability you might create, seems only prudent, though it probably eases management of her affairs considerable as well as protecting her from the likes of her crazy ungrateful son.

She got released from the lawsuit, eventually, thanks to the efforts of your brother.
Meanwhile you managed to get an eviction order.

Your family was not obligated to stop that eviction, or to accept your lamebrain idea that it somehow went against the law to ask you to leave, with notice, when your lease was terminating and you were not qualified to get a long-term lease. (Conversion to month to month is a default in the lease, not a guarantee for either party; they can ask to leave, you can leave yourself)

You lost your appeal, and you made no plans to go anywhere, its pretty clear eviction was going to be your fate because thats how much sense you have.

If your family washed their hands of you I don't blame them. But they actually didn't. Your brother, whom you thank for his efforts with the most horrible abuse and threats, offered you a place at the market rate with no credit check, which is much more than he was obligated to your. Your other brother tried to protect you from yourself and what you brought down on your and your wife's head, by seeking review of your medical situation and maybe be able to make better decisions for you than you were capable of making for yourself. If they had gotten a conservatorship, it would have been easier for them to help you without facing your usual thanks of querulous, paranoid abuse hurled at them and most of all your litigiousness.

They aren't obligated to give you a house or a place to stay after the way you have acted, and I don't blame them for protecting themselves from you by distancing themselves from you to the extent possible.

You thanked your mother for a year of rent she paid out of the goodness of her heart by dragging her into completely avoidable trouble with your landlord.

You still don't understand they did not violate your lease and you were obligated to leave. Even a judgement, an eviction, and a lost appeal can not convince you. YOU WERE AT FAULT. YOU WERE TO BLAME.

And Carol tried to go in the apartment when an officer told her not to.
She wont go to jail, but she will probably be convicted. What then? WHat is your plan? How will hurling abuse at the few people on earth who have any connection to you, help make your life better?

You should get down on your knees and beg forgiveness of your family. Express some gratitude. Then beg for help admitting your errors. Or just stubbornly go along blaming everyone but yourself for your nasty attitude, vicious attacks, and lack of employment or use on this earth.

legalschnauzer said...

@4:11 --

Let's take a shot at reality, since you seem incapable of dealing in that dimension:

(1) How do you know my mother paid out of her own pocket? I don't know that, so how do you?

(2) What "tilting at windmills" caused Carol and me to be tossed out of our house? Are you saying people who have been wronged should not seek justice via the courts? Is that how you and your loved ones have lived their lives. Never bring a lawsuit, let bygones be bygones, no matter how much you've been harmed? Is that what you practice or do you just preach it to others? Phony.

(3) Can you cite any lawful grounds for which my mother was under litigation? No, because there weren't any. Her responsibility to Cowherd construction, under the lease (which I've actually read) was up at 13 months. That whole thing was cooked up to allow David Shuler to be involved in screwing us over. I've published a letter from David that says exactly that.

(4) She wasn't released from the lawsuit because of my brother. She was in because of him. He used her to try to cheat Carol and me. He's a user, that's what he does. It's in a letter that he wrote, in the court file.

(5) I never said forcing us out was against the law; it was against the lease, which is breach of contract, and that is against the law.

(6) We didn't "lose on appeal." Our case never was heard on appeal because we were unlawfully evicted pending appeal. I guess you think that's OK. If so, you must be a Donald Trump supporter. You certainly don't support state or federal law.

(7) My brothers' attempt at "help," was so outstanding it was kicked out of court. Public record.

(8) I didn't say anyone was obligated to give me a house or a place to stay. If they wanted to distance themselves from us, they have a funny way of doing it. They helped bring us up here, with the assistance of one of my so-called friends, and we fell for that con game, against our better judgment. (The friend has proven to be the lowest, back-stabbing asshole I've ever encountered. His day of reckoning is coming.)

(9) I didn't drag my mother into trouble with the landlord. We were willing to do one of two things: (A) Stay on and pay the rent when the lease went month to month, as planned; (B) Leave if told to leave under a provision that actually was in the lease. We wound up having to fight a corrupt landlord, who's corruptness is manifest by suing my mother with no grounds for doing so. The lease was violated, and Cowherd's rep admitted to that in court. I was there, Bub. Were you?

(10) Carol was told she could go into the apartment, and I was told I could go in to retrieve items when she was finished. Again, I was there, I heard what was said. Were you?

(11) Beg forgiveness from a family that, according to a letter in court files, actively was trying to harm us -- or at least two members clearly were, and a third joined in on the incapacitation lawsuit?

Well, that about does it. I've proven you wrong on every point, and it was super easy. Let me know if you feel like coming back for more and getting your sorry ass trounced again -- you corrupt, back-stabbing, old fool.

legalschnauzer said...

For anyone who has forgotten, here is the letter my brother wrote to the judge in our eviction case:

Dear Judge Halford:

"I am writing regarding the above referenced case. Roger Shuler is my brother who has been estranged from my family for approximately 25 years. Recently, a family friend helped him relocate to the Missouri area. Unfortunately, my 85 year old mother made the mistake of agreeing to co-sign a lease for Roger with Trent Cowherd Construction. She agreed to pay his moving expenses and his rent for thirteen months to help him get back on his feet. She never dreamed that Roger Shuler would then refuse to pay his rent and/or vacate the property.

My purpose in writing this letter is to let you know that I intend to appear on behalf of my mother. Gondolyn Shuler intends to cooperate with the Petititioner (Trent Cowherd) in the matter and assist in any way to help them regain possession of the rental property currently occupied by Mr. Shuler."


A few points:

(1) I never refused to pay the rent, and David Shuler has not (and can not) present any evidence to the contrary. Also, the "estrangement" started with my mother (and probably David) ripping Carol and me behind our backs, and eventually, to my face.

(2) David Shuler does not say a word about representing our mother.

(3) His only interest in the case, the only reason he was involved, was to hurt Carol and me.

(4) He was pulling a fraud on the court, representing one party while actually trying to help another, while harming a third.

(5) He never says a word that the eviction was scheduled inside the 10-day window when execution could not take place; he never has acknowledged that our notice of appeal put a stay on execution; he never acknowledged that a landlord, under Missouri law, cannot seek eviction until a tenant is one month late on rent. We weren't close to being behind by one month, and we would not have been behind at all if Cowherd hadn't told us not to pay the rent, that we were being kicked out contrary to the lease, regardless.

This is my "helpful family," in black and white and on paper, being unmasked for who they truly are. And it shows @4:11 is an utter fraud.

This letter never was served on me, despite repeated requests, because David Shuler does not want the public to know what a lowlife he really is. It's the kind of prejudicial and improper act that could cost him his bar card, or at least bring serious sanctions.

legalschnauzer said...

A final point (I promise):

When I got to Springfield, MO, from Alabama, my mother's words to me were: "Oh, Roger, you shouldn't have named names (in the blog)."

She knows we've been attacked by political thugs, David knows it, and probably everyone else in my immediate family knows. But have they spoken up? No.

That's because the thugs are part of David's "profession," and he is duty bound not to unmask legal criminals. It's better for him to stab his own brother in the back, which he happily has done. I wonder if he treats his divorce-court clients that way.

Bottom line: My mother knows we've been attacked by criminals. But she no longer has the ethical capacity to stand up to it. Instead, she has turned family affairs over to the one child she raised without any ethics.

Anonymous said...

When a family has the means to help a loved one and doesn't do it, I'd say that's a pretty worthless family. Based on the quote from Roger's mother -- "Oh Roger, you shouldn't have named names" -- she knows Roger and Carol have been abused, victimized. It takes a seriously cold-hearted mother to do nothing in a situation like this.

Anonymous said...

LS, that quote from your mother is most revealing. She is talking about "names" in Alabama. That tells me there is some conduit from Alabama, sending info to your family, probably via your lawyer brother--and maybe your "so-called friend," although I don't think you've revealed his identity. Regardless, your mother apparently knows a lot more than she has revealed to you. Sad.

Anonymous said...

That letter from your brother blows my mind. What a despicable "human being." And stupid, too. Can't believe a lawyer would be dumb enough to put that in the record.

Is a copy of that letter one of the items that went missing from your computer?

legalschnauzer said...

Yes.

Anonymous said...

"Oh, Roger, you shouldn't have named names."

Your mother is old, and she should be forgiven for making a ding-a-ling comment about journalism. (What good is a story that doesn't name names?)

But to know your son and daughter-in-law have been the victims of corrupt judges and politicians . . . I'd say that's pretty much unforgivable.

I imagine people have burned in hell for less than that.