Pedigree Query

!!! EQUINE LIEN SALE AT WINDFALL FARMS ON JULY 21, 2008 !!!

A PUBLIC LIEN SALE OF THE FOLLOWING DESCRIBED PERSONAL PROPERTY WILL BE SOLD AT 10 AM ON MONDAY, JULY 21, 2008 AT 4715 FLYING PASTER LANE, PASO ROBLES CA, 93446 COUNTY OF SAN LUIS OBISPO, AND STATE OF CALIFORNIA.
(Viewing will start at 8:00 am and Auction starts at 10:00am)

KEEP IN MIND - SALE DATE IS SUBJECT TO CHANGE

Account Name -- Michael Power

Brief Description of Horses–

B.V. Express (Age 7, Broodmare)
’08 B.V. Express (Foal, Filly)
Brandi’s Song (Age 8, Broodmare)
’08 Brandi’s Song (Foal, Colt)
Candi’s Star (Age 16, Broodmare)
'05 Candi’s Star (Age 3, Colt)
’06 Candi’s Star (Age 2, Filly)
’07 Candi’s Star (Age 1, Colt)
’08 Candi’s Star (Foal, Filly)
Cherry Springs (Age 7, Broodmare)
’07 Cherry Springs (Age 1, Colt)
’08 Cherry Springs (Foal, Colt)
Ladyssalad (Age 7, Broodmare)
Navratilova (Age 10, Broodmare)
’06 Navtatilova (Age 2, Colt)
‘07 Navratilova (Age 1. Filly)
S.S. Katowice (Age 12, Broodmare)
’06 S.S. Katowice (Age 3, Colt)
Siberian Summer (Age 19, Stallion)
Silver Service (Age 14, Broodmare)
’05 Silver Service (Age 3, Filly)
’07 Silver Service (Age 1, Filly)
’08 Silver Service (Foal, Filly)
Sol Bird (Age 6, Broodmare)
Stall Tales (Age 5, Broodmare)
Sunset Wells (Age 15, Broodmare)
’06 Sunset Wells (Age 2, Colt)

This notice is given in provisions of section 21707 etseq. of the Business and Professional Code of the state of California. Purchased goods are sold as is and must be removed within one day of purchase. Payment is to be with cash only and made at the time of purchase. The sale is subject to cancellation without notice in the event of settlement between the owner and the obligated party.

Location: Windfall Farms
ADDRESS: 4715 Flying Paster Lane, Paso Robles CA 93446
PHONE NUMBER: (805)239-0711

I don't know how many times I've seen one of these sale announcements. Did it actually happen this time?

No, Owner Michael Power obtained an injunction and the sale was postponed.

Thanks Zinn.

This has happened so often that I really think when the injunctions all run out and the farm gets permission to sell the horses, they should just put them up on Ebay - that way we won't have to keep reading about sales scheduled and sales postponed.

I was offered a share by a syndicate interested in Purchasing Siberian Summer and turned down the offer for several reasons, among them the litigious nature of the current ownership status.

Power, e mailed me directly (how he obtained my name and e mail address I do not know. I have never met the man or shared my name or address with him) and directed me to "Please stop posting about my horse being sold. I can assure you under no circumstances will he be sold."

The e mail he sent me I can only surmise was based on a "What's Siberian Summer Worth" I Posted in the Stallion section on July 15, 2008.

zinn, the fact is that the last time a farm had to go through this exercise, the owner bid on the stallion until it was knocked down to him. Then the auction was over because the full board bill amount had been reached. I am mystified why he didn't just pay the board bill, but I assume there was a pissing contest going on by then.

I'm not surprised that you received an email discouraging you from going to the sale. The less bidders that attend, the less the owner will have to pay to do the same thing again. So it is in his own personal interest to convince people that the sale will never take place, even though it did happen before.

This is one of the most curious things I have ever seen in California breeding.

Majxmom, let me get this straight. The auction occurs; Power places the final bid and gets the horse or horses. He then pays Windfall, gets the horse or horses and any financial obligation he has with the farm is satisfied?

If the answer is yes to all the above is he forced to bid a minimum that covers all financial obligations or can he purchase a horse or horses at far less than what he owes?

I probably missed that post about your questioning how much Siberian Summer is worth, Zinn. As I mentioned in another thread, I was pretty ill last semester and in danger of losing my summer teaching position, so on recovery I had to really buckle down (not to mention that it was one of those compressed courses where you try to teach an entire term's work in four weeks), so I haven't been on the board for ages. Now I'm finished but not all the work is graded but I need some down time and the grades are not overdue, so here I am catching up on the news.

The discussion about the circumstances surrounding these sales is unquestionably of interest, but maybe to satisfy the moderators and to prevent some of the people who join discussions of this nature simply with the intent of badmouthing the owner, we should avoid mentioning the owner of the horses by name - I think the mods. would be o.k. with it if we just referred to him as the owner or horse owner (to distinguish him from the farm owner).

I do find it very strange that the owner managed to find your email address, though, Zinn. I guess we are not all as anonymous as we would hope to be.

With respect to the sale, if the owner chose the route where he let the sale go ahead and bid on the horses to retain them, would he not then be liable for commissions? Surely it cost the farm money to conduct the sale.

I only know what I read in the media, but as I understand it, last time Siberian Summer was the first horse run through the sheriff's sale. There were a number of buyers there. Someone, possibly Special T, ran the bidding up on Siberian Summer until it was over the amount needed to settle the debt. The owner was the final bidder. Since Special T was then paid in full, the auction ended and all of the horses reverted back to the owner. Everyone was happy except all of the people who had made the trip to the auction for nothing (except to see the spectacle).

Somewhere, I thought I saw something that said that this time, all of the horses would pass through, but there are so many lawyers involved, I wouldn't accept anyone's opinion at this point. I have the definite feeling that Special T was more familiar with the process and was more squared away with it than Windfall has been.

I have seen another forum (one that has a long-running feud with the owner) report that he declared bankruptcy recently. If this is true, he certainly ought not to be hiding cash assets from the trustee, so I would be amazed if he could show up at the auction with cash and purchase the horse. So far, it seems like there's been a lot of injunctions issued to stop the auction. Personally, I would be very concerned if I was interested in buying this horse that I might be sued later, even if it was a frivolous lawsuit. He's 19 now, isn't he? What a shame for a nice stallion that he can't be secure in his old age.

geowarrior wrote:]
to prevent some of the people who join discussions of this nature simply with the intent of badmouthing the owner, we should avoid mentioning the owner of the horses by name - I think the mods. would be o.k. with it if we just referred to him as the owner or horse owner (to distinguish him from the farm owner).

Good point, geo. I wouldn't want to get that started again. I edited my posts.

hello
hes trying to Sell Siberian Summer right now for 7500
karen

Seriously? That can't be true. Perhaps he'd also like to sell you the Brooklyn Bridge. Siberian Summer paid out $50,000 in stallion awards last year. Also, wouldn't he be trying to sell something he doesn't have the legal right to sell? If he did declare bankruptcy, the asset of the horse has to be doled out by the trustee. Notwithstanding any Windfall claim on the horse. What a muddle!

Hold on let me check, I saw him here on Pedigree online the horses for sale.
Karen

Perhaps that was a stud fee?

Has anyone heard anything new about Siberian Summer's status? It's too bad that he would lose another year at stud when he's already pushing 20.