Security 1st Title Delivery, 3103 N. Governeour St. (Document 221-1, November 22, 2023)

Summary

Doc. 221-1 in Case No. 6:21-cr-10073-EFM (D. Kan.), filed October 15, 2024, is a two-page e-mail dated November 22, 2023 in which Kathryn E. Sheedy forwards a message from Ted Knopp to Michelle Rabe. Knopp writes that Mr. Capps sold his redemption rights to Duaglo LLC, a Kansas limited liability company, in exchange for the right to repurchase the property by the end of the month. Knopp states that Duaglo redeemed by paying $155,027.04 to the lender and says an attached settlement statement incorrectly shows Duaglo as the seller. Knopp lists a sales price of $253,500.00, a purchase price to Duaglo LLC of $167,708.59 and an estimated net to seller of $59,538.66, and asks to be told where he is wrong about the lien.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

       Case 6:21-cr-10073-EFM Document 221-1 Filed 10/15/24 Page 1 of 2



From:             Sheedy, Kathryn (USAKS)
To:               Rabe, Michelle (USAKS)
Subject:          Fwd: Security 1st Title Delivery (3103 N. Governeour St.)(Buyer: BOHANNON)(Your 400223107196139)(Our
                  3049465)
Date:             Wednesday, November 22, 2023 11:09:20 AM
Attachments:      23.08.28 Contract for Purchase of Property and Redemption Rights.pdf
                  23.08.28 Required Disclosure.pdf
                  QCD-1.pdf
                  Real Estate Contract.pdf
                  23.08.28 Assignmemt of Redemption.pdf
                  3049465_ALTA_Settlement_Statement_-_Seller.pdf




Get Outlook for iOS

From: Ted Knopp <tknopp@knopplaw.com>
Sent: Wednesday, November 22, 2023 10:49:39 AM
To: Sheedy, Kathryn (USAKS) <KSheedy@usa.doj.gov>
Subject: [EXTERNAL] Security 1st Title Delivery (3103 N. Governeour St.)(Buyer: BOHANNON)(Your
400223107196139)(Our 3049465)

Ms. Sheedy,

Attached are the second installment of information for the Capps redemption.

Mr. Capps sold his redemption rights to Duaglo LLC, a Kansas limited liability company in exchange
for the right to repurchase the property by the end of this month.

Duaglos redeemed by paying $155,027.04 to the lender and is entitled to equitable subrogation to
the position of the Lender.

Also attached is a settlement statement. It INCORRECTLY shows Duaglo as the Seller. It should show
Michael Capps (or his adult son Chaz) as the seller, with a payoff to Duaglo of $167,708.59.

I would note that Chaz Capps has been in charge of the remodeling and make-ready of the property
and has mechanic’s lien rights in the property for the improvements made.

If one of the Capps is the seller—either Michael or Chaz—the amount due Seller (based on the pro
forma settlement stmt) is:

Sales price                                                             $253,500.00
Debits to Sales Price (excluding Federal Tax lien)                  $26,252.75
Purchase Price to Duaglo LLC                                          $167,708.59                           A
Est’d Net to Seller                                                    $ 59,538.66


Please note that Michael Capps and Chaz both have been living in the home as a homestead
throughout this period.
         Case 6:21-cr-10073-EFM Document 221-1 Filed 10/15/24 Page 2 of 2




Finally, It appears that the interest of the USA is a judicial lien, not a statutory lien, and that the
judicial lien of the USA recognizes the homestead exemption. Please tell me where I am wrong. I
will take it up with Security Title whether this closing may take place with a homestead affidavit.


---------
Ted E Knopp
Knopp Law Group P.A.
f/k/a Ted E Knopp, Chartered
310 W Central Ave, Suite 203
Wichita, KS 67202-1004
316.265.5882 (voice)
316.265.5892 (fax)
tknopp@knopplaw.com

CONFIDENTIALITY NOTICE: The information contained in this Electronic Mail transmission is confidential. It may be subject
to the attorney-client privilege or be privileged work product or proprietary information. This information is intended for the
exclusive use of the addressee(s). If you are not the intended recipient, you are hereby notified that any use, disclosure,
dissemination, distribution (other than to the addressee(s), copying or taking of any action because of this information is
strictly prohibited.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
We are a debt collector. Any information obtained may be used for that purpose.
This email is unencrypted: (1) unencrypted e-mail communication is not a secure method of communication; (2) any e-mail that is sent to
you or by you may be copied and held by various computers it passes through as it goes from me to you or vice versa; and (3) persons not
participating in our communication may intercept our communication by improperly accessing your computer(s) or even some computer
unconnected to either of us through which the e-mail passed. If you do not wish to communicate via unencrypted e-mail, please let me
know immediately


File and source

File

221-att1.pdf

Size

215,507 bytes

SHA-256

fe79f049595276be98c2c1d3e1dd666bf1e17af99afe6cbb4671966f3ff55d3f

Our copy

221-att1.pdf

Original

No public link identified.