Iâm a financial analyst. Finding things out is literally my job.
It took me about forty minutes on that balcony.
Coloradoâs public court records are searchable online for a small fee. I paid the $10 search charge and typed in Brandon Smith. The name was common enough to bring up dozens of results, but only one had a date of birth that matched the Brandon whoâd posted his thirty-fourth birthday on Instagram in March. His middle name was Scott, which Vanessa had mentioned once.
Brandon Scott Smith had two civil judgments against him in Arapahoe County District Court. One was from three years earlier, for $23,400, entered in favor of a woman named Kelsey Morrow. The case summary said âbreach of contract, promissory note.â The other was from eighteen months earlier, for $11,870, in favor of an equipment rental company in Englewood.
Neither judgment showed as satisfied. He hadnât paid either one.
Then I searched the Colorado Secretary of Stateâs business database for Smith Capital Partners LLC. It had been registered four years earlier. Its current status was âDelinquent.â It hadnât filed a periodic report in two years, the most basic $10 annual filing every Colorado LLC has to make.
His real estate investment company existed on paper, and barely.
Then I went back to Kelsey Morrowâs case and pulled the complaint, which was public too. It was twelve pages. Kelsey said sheâd dated Brandon for two years. During that time, he convinced her to lend him $23,400 from her retirement savings to âinvestâ in a duplex renovation in Aurora that he said would double her money in eighteen months. There was no duplex. Brandon stopped returning her calls three weeks after she wired the money.
The court awarded her a default judgment because Brandon never showed up to defend himself.
I sat on the balcony with my laptop on my knees and the ocean roaring below, and I felt sick.
I went back inside. Mom was asleep on the couch, curled up under a throw blanket. I covered her with another one from the bedroom and turned off the lights.
Then I sat at the dining table and wrote everything down: dates, case numbers, judgment amounts, the delinquent LLC.
At 2:15 a.m., I sent one email from my phone to Patricia Gaines, the attorney in Littleton whoâd helped me with Dadâs note three years earlier.
âPatricia, itâs Millie Miller. Iâm on a cruise, and Iâm sorry to write at this hour. My father is about to sign a partnership agreement giving 49% of Miller Home Builders to a man with two unpaid court judgments and a delinquent LLC. Theyâre planning to use the equipment securing my loan as collateral for a $200,000 line of credit. My lien is still on file. What are my options? Iâll call you when we reach Nassau in the morning.â
Then I lay down on the bed in that enormous suite and finally slept.
The ship docked in Nassau at seven the next morning. Mom was gone when I woke up. Sheâd left a note on the hotel stationery in her careful, loopy handwriting.
âThank you for letting me sleep. Iâll talk to your father today. I love you. I always have. â Momâ
I called Patricia Gaines from the pier, standing in the shade of the cruise terminal while vendors sold straw hats and conch shells.
âMillie,â she said. âI read your email. First of all, your lien is valid. I checked the Secretary of Stateâs database this morning, and your UCC-1 is active for five years from the filing date. Thatâs two more years. No legitimate lender is going to take that equipment as collateral without a release from you, or without you being paid in full.â
âWhat if Dad just signs the papers anyway?â
âHe can sign whatever he wants with Brandon. But he canât give the lender a first lien on equipment that already has your lien on it. Any lender that does a basic UCC search will find you.â She paused. âIf they somehow got a line of credit and pledged that equipment anyway, theyâd be in a very bad position. So would your father.â
âAnd the loan itself?â
âYour note is in default. He stopped making payments almost two years ago. Under the terms you signed, you have the right to declare the full balance due and demand payment. With interest and the missed payments, he owes you about $36,800. You could also enforce your security interest. In plain English, you could take the equipment.â
I closed my eyes. âI donât want to take my fatherâs excavators, Patricia.â
âI know you donât,â she said gently. âBut you need to know you can. Because the man your fatherâs about to go into business with is counting on the fact that you wonât.â
âWhat would you do?â
âHonestly? Iâd send your father a formal demand letter. Not to be cruel. To put him on notice before he signs anything with Brandon. It needs to be on the record that your lien exists and your loan is due. If he still goes ahead, at least he canât say he didnât know.â
âCan you send it today?â
âI can email you a draft in an hour. You can show it to him yourself.â
âPatricia, thereâs one more thing,â I said. âBrandon owes a woman named Kelsey Morrow $23,400 from a judgment. If he becomes a 49% owner of Dadâs company, can she come after his share?â
Patricia was quiet for a moment.
âMillie, if Brandon owns 49% of an LLC and has an unpaid judgment, his creditors can try to get a charging order against his interest. That means theyâd get whatever money comes to him from the company, until the judgment is paid. And if heâs been taking money from people the way that complaint describes, I wouldnât want him anywhere near my fatherâs bank accounts.â
