CLAIM SUMMARY / DETERMINATION FORM

Claim Number : N10036-1576

Claimant : Bernadette Brenda Bailey d/b/a Bailey’s Property Management

Type of Claimant : Private (US)

Type of Claim : Loss of Profits and Earning Capacity

Amount Requested : $64,500.00

FACTS

On or about 20 April 2010, the Mobile Offshore Drilling Unit Deepwater Horizon (Deepwater 

Horizon) exploded and sank in the Gulf of Mexico. As a result of the explosion and sinking, oil 

was discharged. The Coast Guard designated the source of the discharge and identified BP as a 

responsible party (RP). BP accepted the designation and advertised its OPA claims process. On 

23 August 2010, the Gulf Coast Claims Facility (GCCF) began accepting and adjudicating 

certain individual and business claims on behalf of BP.

CLAIM AND CLAIMANT

On 23 November 2011, Bernadette Brenda Bailey a/k/a Bailey’s Property Management (‘jointly 

referred to as the ‘Claimant’) presented a claim to the Oil Spill Liability Trust Fund (OSLTF) for 

$64,500.00 for loss of profits and impairment of earning capacity resulting from the Deepwater 

Horizon oil spill. 1

 The Claimant is a licensed real estate agent who asserts lost profits on a 

number of home sales due to the oil spill, as well as a property manager whose job was lost due 

to tenants’ losing their jobs because of the oil spill.2 

APPLICABLE LAW 

Under the Oil Pollution Act of 1990 (OPA), at 33 U.S.C. § 2702(a), responsible parties are liable 

for removal costs and damages resulting from the discharge of oil into or upon the navigable 

waters or adjoining shorelines or the exclusive economic zone, as described in Section 2702(b) 

of OPA. 

The OSLTF which is administered by the NPFC, is available, pursuant to 33 U.S.C. § 2712(a)(4) 

and § 2713 and the OSLTF claims adjudication regulations at 33 C.F.R. Part 136, to pay claims 

for uncompensated damages. One type of damages available pursuant to 33 C.F.R. § 136.231 is 

a claim for loss of profits or impairment of earning capacity due to injury to or destruction of 

natural resources.

Under 33 C.F.R. § 136.233 a claimant must establish the following:

(a) That real or personal property or natural resources have been injured, destroyed, or lost.

(b) That the claimant’s income was reduced as a consequence of injury to, destruction of, or 

loss of property or natural resources, and the amount of that reduction.

(c) The amount of the claimant’s profits or earnings in comparable periods and during the 

period when the claimed loss or impairment was suffered, as established by income tax 

returns, financial statements, and similar documents. In addition, comparative figures for 

1

 Optional OSLTF Claim Form received 23 November 2011, Claimant’s letter dated 23 January 2012, and 

Claimant’s email to NPFC Staff dated 14 February 2012.

2

 Optional OSLTF Claim Form received 23 November 2011.

 
profits or earnings for the same or similar activities outside of the area affected by the 

incident also must be established.

(d) Whether alternative employment or business was available and undertaken and, if so, the 

amount of income received. All income that a claimant received as a result of the 

incident must be clearly indicated and any saved overhead and other normal expenses not 

incurred as a result of the incident must be established. 

Under 33 C.F.R. § 136.105(a) and § 136.105(e)(6), the claimant bears the burden of providing to 

the NPFC, all evidence, information, and documentation deemed necessary by the Director, 

NPFC, to support the claim. 

Under 33 C.F.R. § 136.235, the amount of compensation allowable for a claim involving loss of 

profits or impairment of earning capacity is limited to the actual net reduction or loss of earnings 

or profits suffered. Calculations for net reductions or losses must clearly reflect adjustments 

for—

(a) All income resulting from the incident;

(b) All income from alternative employment or business undertaken;

(c) Potential income from alternative employment or business not undertaken, but reasonably 

available;

(d) Any saved overhead or normal expenses not incurred as a result of the incident; and

(e) State, local, and Federal taxes.

DETERMINATION OF LOSS 

Claimant’s Submission to the OSLTF

On 23 November 2011, the Claimant presented a claim to the Oil Spill Liability Trust Fund 

(OSLTF) for $64,500.00 in loss of profits and impairment of earnings capacity in 2010 resulting 

from the Deepwater Horizon oil spill.3

 This loss is associated with the Claimant’s lost earnings 

as a real estate agent on a specific home and property sales due to the oil spill. The Claimant 

also states that her job as a property manager was lost due to tenants’ losing their jobs because of 

the oil spill.4

 The Claimant indicated that she submitted a claim the GCCF on 25 August 2011 

and that the GCCF says she has no losses.5

 The Claimant also identified that she had submitted 

a separate claim to the GCCF for losses associated with her bridal planning business that were 

not part of her real estate and property management business.6

The NPFC conducted an independent investigation of claim presentation and payments. The 

NPFC confirmed presentment of an Interim Payment (IP) Claim to the GCCF on 24 August 2011 

in the amount of $200,000.00.7 The NPFC also confirmed that the GCCF applied Claimant ID 

No. 3539945 and Claim No. 9442659 to the claim. The NPFC also found that the GCCF had not 

issued a formal denial, but had determined the Claimant had not established a loss of earnings for 

2010.8

3

 Optional OSLTF Claim Form received 23 November 2011, the Claimant’s letter dated 23 January 2012, and the 

Claimant’s email to NPFC Staff on 14 February 2012.

4

 Optional OSLTF Claim Form received 23 November 2011. 5

 Optional OSLTF Claim Form received 23 November 2011. 6

 Claimant’s signed, but undated, letter faxed to the GCCF on 6 September 2011. 7

 GCCF – U.S. Coast Guard Report as of 23 January 2012. 8

 GCCF – U.S. Coast Guard Report as of 23 January 2012.

 
Based upon the information provided and independent verification by the NPFC, this claim can 

be adjudicated in the full amount of damages presented to the NPFC, $64,500.00. Further, 

because the subject matter of the Claimant’s IP Claims (IC Q3-2011 and IC Q4-2011) before the 

GCCF and because this claim appears to be based upon the same subject matter, i.e. that the 

Claimant lost income as a result of the Deepwater Horizon oil spill, the NPFC deems this Claim 

Summary Determination as being outcome determinative for the Claimant’s GCCF claim for 

2010 real estate and property management losses. This Claim Summary Determination does not 

address any losses for the Claimant’s bridal planning business.

NPFC Determination

Under 33 C.F.R. § 136.105(a) and § 136.105(e)(6), the claimant bears the burden of providing to 

the NPFC all evidence, information and documentation deemed necessary by the Director, 

NPFC, to support the claim. The NPFC considered all documentation presented by the 

Claimant.

This claim is denied because (1) the Claimant failed to prove she experienced a loss in income 

and (2) she failed to prove that any of her alleged loss was due to the Deepwater Horizon oil 

spill.

(1) Failure to Prove Loss of Income

The Claimant alleged that she experienced a loss of income in the amount of $64,500.00 in 2010 

due to the Deepwater Horizon oil spill. 9 The Claimant asserts alleged loss of real estate agent 

commission values on sales that transpired and alleged losses of entire commissions associated 

with loss of certain sales.

The Claimant provided Federal Tax returns for 2008, 2009 and 2010, with Schedule Cs from 

those returns indicating the following:

Year Gross Profits

2008 $71,761

2009 $36,006

2010 $77,244

The NPFC notes that the Claimant received three emergency payments from BP through the 

Alabama Real Estate Licensee Claim Fund in 2010, totaling $44,336.00.10 These payments are 

not reflected as income in the Claimant’s 2010 tax return stated above. Based on gross profits 

reported and the additional payments received in 2010, which total $121,580.00, the Claimant 

has not demonstrated a loss compared to the previous year’s gross profits from real estate of 

$36,006.00.

The NPFC also looked at the individual losses for which the Claimant asserts lost profits, 

including a contract with Alfred Murphy/Murphy Enterprises, for alleged loss of a $1,695,000.00 

land sale, with commission as both listing agent and selling agent to have gone to the Claimant.11 

9

 Optional OSLTF Claim Form received 23 November 2011, the Claimant’s letter dated 23 January 2012, and the 

Claimant’s email to NPFC Staff on 14 February 2012. 10 Alabama Real Estate Licensee’s Claim Fund checks #30479 for $8,696.00, #30912 for $21,150.00, and #31983 

for $14,490.00.

11 Claimant email to NPFC Staff dated 19 December 2011.

 
The Claimant requested that this contract and alleged loss be excluded from her claim;12

therefore, the NPFC has adjusted the sum certain to $64,500.00.

Documentation provided by the Claimant has not proven that she lost profits in 2010 compared 

to the previous year and has not proven that there was a single contract lost due to the oil spill 

that might be viewed independently of annual profits.

The Claimant also asserted damages for the loss of sales on a number of other properties, for 

which the Claimant was unable to provide contracts. The Claimant also asserted damages for 

two properties which had contracts, but for which the buyers were unable to complete the 

contract for sale because they lost jobs. Even if losses of the buyers’ jobs could be proven to be 

due to the oil spill, the resulting value of the loss is less than the compensation the Claimant has 

already received from the RP through the Alabama Real Estate Licensee’s Claim Fund. The 

uncompensated loss for this claim has not been proven.

(2) Failure to Prove Causation

The Claimant asserted that her loss in income was due to a reduction in business in 2010, caused 

by the Deepwater Horizon oil spill. The Claimant asserts that she had been with a real estate 

company that paid her a commission based on 95% of the closed sale amount. She asserts that, 

due to the oil spill, she was transfer to another company to save overhead.13 The Claimant 

transferred her license to another real estate company on 30 September 2010.14 The Claimant 

also asserts that she lost her job as property manager for Alexis Investments’ rental apartments in 

Mobile because tenants lost their jobs due to the oil spill.15 

Based on publicly available real estate sales information for Mobile, the NPFC notes that local 

economic activity in Mobile, as indicated by the Mobile Business Activity Index (MBAI), had 

begun to fall in late 2008 and continued to fall until late 2009, after which time, it remained 

essentially flat until the end of 2010. Beginning then, the MBAI began to rise. 16 The Claimant 

has provided no information to show that it was the oil spill, not other local economic factors at 

play in Mobile in 2010 that were the cause of her alleged loss.

Regarding the Claimant’s loss of job as property manager with Alexis Investments, the owner’s 

letter describes the reasons for her departure as the poor economy, the oil spill, and a lack of 

renters, among other factors.17 The NPFC does not consider this causation information to 

differentiate adequately among numerous causal factors to attribute cause to the oil spill.

Based on the above, the Claimant has failed to prove that any of her alleged losses were due to 

the Deepwater Horizon oil spill. Although there were references to a bridal planning business in 

the documentation presented by the Claimant, neither the claim to the NPFC18 nor the 

12 The Claimant’s email to NPFC Staff dated 14 February 2012 requested that $129,000 be excluded from her claim 

amount.

13 Optional OSLTF Claim Form received 23 November 2011. 14 Alabama Real Estate Commission Transfer Receipt, transferring to Dauphin Realty of West Mobile, dated 30 

September 2010. 15 Optional OSLTF Claim Form received 23 November 2011. 16 Alabama Coastal Economy, Center for Real Estate Studies, Period ending July, 2011, accessed 10 April 2010 at 

www.southalabama.edu/mcob/realestate/documents/mobilemarket/eco/coastaleconomyaugust2011.

17 1 September 2010 unsigned letter, “To Whom It may Concern”, from Henry Murphy on behalf of Alexis 

Investments.

18 Optional OSLTF Claim Form received 23 November 2011.

 
Claimant’s business claims to the GCCF demand losses for a bridal planning business.19 

Therefore, this Claim Summary and Determination does not address any bridal planning losses.

This claim is denied for the following reasons: (1) Claimant has failed to demonstrate the alleged 

loss through financial documentation and (2) Claimant has failed to demonstrate that the alleged 

loss is due to injury or destruction or loss of real or personal property or a natural resource as a 

result of a discharge or a substantial threat of a discharge of oil.

Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 4/18/12

Supervisor’s Action: Denial approved

Supervisor’s Comments:

19 Optional OSLTF Claim Form received 23 November 2011 and Claimant’s email to NPFC Staff on 14 February 

2012.

 
Enclosure (2) List of Documents Provided by the Claimant

N10036-1576

1. Claimant’s Optional OSLTF Claim Form (page 1) received 23 November 2011.

2. Page 2 of Optional OSLTF Claim Form, signed 23 November 2011 and received on 12 

December 2011.

3. Claimant letter To Whom It May Concern, dated 20 November 2011 with 2nd page note 

regarding determination letter of 17 November 2011.

4. Email to NPFC dated 15 December 2011 requesting that a copy of claimant’s GCCF file 

be sent to the Coast Guard-NPFC.

5. Statement by Bernadette Bailey, signed and dated 28 December 2010 and countersigned 

by Ann Akridge, indicating no closings in November 2010.

6. Email dated 12 December 2011 to NPFC Staff.

7. GCCF Interim Claim Form, Bailey’s Property Management, for Loss of Earnings or 

Profits in the amount of $200,000.00, dated 24 August 2011.

8. GCCF Interim Claim Form, Bailey’s Property Management, for Loss of Earnings or 

Profits in the amount of $169,900.00, dated 20 November 2011.

9. 2008 Form 1099-Misc from ReMax Realty Centre.

10. 2008 Form 1099-Misc from Prudential Cooper & Co. Inc.

11. 2009 Form 1099 Misc. from RMX Enterprises, Inc.

12. 2010 Form 1099 Misc. from RMX Enterprises, Inc.

13. 2010 Form 1099 Misc. from Dauphin Realty of West Mobile, Inc.

14. 2010 Form 1099-Misc. from Alabama Association of Realtors, Inc.

15. 2008 Form 1040 with Schedules A, C, & SE, Forms 8812 & 4562.

16. 2009 Form 1040 with Schedules A, C, SE & M, Forms 8812 & 4562.

17. 2010 Form 1040 with Schedule C, Forms 8829 & 4562.

18. GCCF undated letter on claim documentation.

19. GCCF Deficiency Letter dated 17 September 2011.

20. GCCF Deficiency Letter dated 5 October 2011.

21. GCCF Deficiency Letter dated 21 October 2011.

22. GCCF Deficiency Letter dated 17 November 2011.

23. Re/Max Realty Professionals 1099 Detail 1 January 2009 – 31 December 2009, signed 1 

November 2011, totaling $29,475.26.

24. ReMax Professionals 1099 Detail-2010, undated, signed by Matt Avinger, Broker, 

showing $56,903.00 total, as of October 2010.

25. ReMax Professionals Commission Earned Statement for August 2010, undated, showing 

total of $8,865.00.

26. ReMax Professionals 1099 Detail for August 2010 through September 2010, undated, 

showing grand total of $68,351.29.

27. Re/Max Realty Professionals 1099 Detail 1 January 2010 – 31 December 2010, signed 1 

November 2011, totaling $68,351.29.

28. Re/Max Realty Professionals 1099 Detail January 2008 through December 2010, totaling 

$97,826.55.

29. Re/Max Realty Professionals Commission Earned Statement for September 2010, 

undated, showing total of $2,400.00.

30. Re/Max Realty Professionals Statement to Claimant dated 1 January 2010.

31. Re/Max Realty Professionals Statement to Claimant dated 20 March 2010

32. Re/Max Realty Professionals Statement to Claimant dated 21 April 2010.

33. Re/Max Realty Professionals Statement to Claimant dated 21 April 2010.

34. Re/Max Realty Professionals Statement to Claimant dated 20 May 2010.

35. Re/Max Realty Professionals Statement to Claimant dated 20 May 2010.
36. Re/Max Realty Professionals Statement to Claimant dated 9/20/2010

37. ReMax Realty Centre document (unsigned) showing monthly 2008 commissions, fees, 

expenses and net profits.

38. ReMax Realty Centre document (unsigned) showing 2007-2008 dates of offers and 

closings, with commissions and net balance to agent.

39. ReMax Realty Centre check no. 01062 dated 31 January 2008, payable to Bernadette 

Brenda Bailey in the amount of $14,074.68.

40. ReMax check #01695 detail, dated 16 August 2008.

41. ReMax Realty Centre document (unsigned) showing 2009 dates of offers and closings, 

with commissions and net balance to agent.

42. Dauphin Realty document (unsigned) dated 21 September 2011, indicating 2008 ReMax 

Realty Centre, 2009 &2010 ReMax Professionals, and 2010 Dauphin Realty earnings 

(unsigned).

43. Dauphin Realty letter (unsigned) of 5 October 2010 in reply to GCCF Deficiency Letter.

44. Dauphin Realty commission statement for October 2010, signed by Brenda Bailey and 

Ann Akridge. (Letter indicates there was one referral fee paid.)

45. Agent Report for Brenda Bailey, from 1 January 2010 to 31 December 2010, signed by 

Ann N. Akridge, printed 6 September 2011, totaling $9,927.66.

46. Agent Report (Dauphin Realty) for Brenda Bailey, from 1 January 2011 to 31 December 

2011, in the amount of $12,102.12, dated 28 September 2011.

47. Dauphin Realty letter to Gulf Coast/BP Claims Division, signed by Ann Akridge, dated 

31 October 2011.

48. Dauphin Realty letter (undated) signed by claimant, countersigned by Ann Akridge.

49. Dauphin Realty letter To Whom It May Concern, signed by Brenda Bailey and dated 1 

September 2011.

50. Dauphin Realty letter To Whom It May Concern, from Brenda Bailey (unsigned) and 

dated 21 July 2011.

51. Dauphin Realty letter To Whom It May Concern, from Ann Akridge (unsigned) and 

dated 5 April 2011.

52. Dauphin Realty letter on Lost Income from Real Estate, signed by Brenda Bailey and 

countersigned by Ann Akridge, undated but bearing fax date of 6 November 2011.

53. Alexis Investments letter from Henry Murphy (unsigned) dated 1 September 2011.

54. Email to NPFC dated 20 December 2011.

55. Email to NPFC dated 19 December 2011.

56. Alexis Investments Corporation, Bailey’s Property Management lease for 1-year lease of 

211 Durant Avenue, Whistler, Ala. beginning on 19 January 2005.

57. ReMax Realty Professionals, Commercial Lease check #2015 dated 2/1/2010.

58. ReMax Realty Professionals, Gross Commission check #2023 dated 2/5/2010.

59. ReMax Realty Professionals, Personal Expense Holding Account check #2060 dated 

3/5/2010.

60. ReMax Realty Professionals, Ty Irby Realty, Rental Commission check #208x dated 

3/10/2010.

61. ReMax Realty Professionals, Commercial Lease check #211x dated 2 April 2010.

62. ReMax Realty Professionals, Gross Commission check #219x dated 27 May 2010.

63. ReMax Realty Professionals, Gross Commission check #229x dated 19 July 2010.

64. ReMax Realty Professionals, Personal Expense Holding Account check #229x dated 19 

July 2010.

65. ReMax Realty Professionals, Rental Referral check #233x dated 19 August 2010.

66. ReMax Realty Professionals, Personal Expense Holding Account check #2377 dated 31 

August 2010.

67. ReMax Realty Professionals, Gross Commission check #2378 dated 31 August 2010.
68. ReMax Realty Professionals, Personal Expense Holding Account check #242x dated 28 

September 2010.

69. ReMax Realty Professionals, 1099 Details, January through July 2010.

70. ReMax Realty Professionals 1099 Details-2009, signed by Matt Avinger.

71. Dauphin Realty of West Mobile, check #7095, dated 30 December 2010.

72. Dauphin Realty of West Mobile, check #7080, dated 21 December 2010.

73. Reli Escrow Account check #21958 dated 25 March 2011.

74. Dauphin Realty of West Mobile check #7258 dated 28 April 2011.

75. Dauphin Realty of West Mobile check #7405 dated 8 August 2011.

76. Courtyard Manor, LLC, check #10356 dated 18 May 2010, payable to Brenda Bailey in 

the amount of $250.00.

77. Courtyard Manor, LLC, check #11344 dated 29 September 2011, payable to Brenda 

Bailey in the amount of $625.00, with the description, For Final Commission/Callahan & 

Lytle.

78. Email from AlabamaRealtors.com dated 3 March 2011.

79. Alabama Real Estate Commission certificate issued to Bernadette Brenda Bailey on 14 

September 2007, expiring 30 September 2008.

80. Alabama Real Estate Commission certificate issued to Bernadette Brenda Bailey on 1 

October 2008, expiring 30 September 2010.

81. Alabama Real Estate Commission certificate issued to Bernadette Brenda Bailey on 30 

September 2010, expiring 30 September 2012.

82. Alabama Real Estate Commission receipt of payment, dated 30 September 2010.

83. Alabama Association of Realtors undated letter on filing claims with the GCCF and 

NCA, from Robert Scott, unsigned and undated.

84. Alabama Real Estate Commission license renewal letter for 2009-2010, sent to Re/Max 

Realty Center and Bernadette Brenda Bailey.

85. Alabama Real Estate Commission Certification of Licensure dated 5 October 2011 for 

the period 16 January 2007 to 30 September 2012.

86. Alabama Real Estate Commission Transfer Receipt, transferring to Re/Max Realty 

Professionals, dated 10 June 2009.

87. Alabama Real Estate Commission Transfer Receipt, transferring to Dauphin Realty of 

West Mobile, dated 30 September 2010.

88. Alabama Driver License issued on 22 May 2008, expiring on 25 May 2012.

89. IRS letter to Bernadette Bailey/Bailey’s Property Management undated and unsigned (1 

page only).

90. Advertisement for merger of Roberts Brothers, Inc. and Dauphin Realty (undated).

91. Undated letter from GCCF to claimant, regarding supporting documentation.

92. Dauphin Realty letter signed 31 October 2011 and signed by Ann Akridge, verifying 

commissions from 1 January 2011 through 30 September 2011.

93. Claimant letter to GCCF faxed 6 September 2011, explaining February-filed claim for 

bridal planning business.

94. 2008 Sales Agent Report Form, Mobile Area Association of Realtors, Inc. dated 10 June 

2009.

95. Certificate of Completion from Certified Distressed Property Institute, dated 22 June 

2010.

96. Mobile Area Association of Realtors Membership Directory, 8 March 2010, excerpt 

showing claimant.

97. GE Security Supra invoice to Claimant dated 12 February 2010.

98. GE Security Supra invoice to Claimant dated 12 February 2010.

99. Copy of Dauphin Realty MLS listing #217730md for 3220 Wynncliff Ct., W. Mobile, 

AL, indicating LD of 10/11/2010 and XD of 11 April 2011 and a SoldPrice of 

$382,500.00.
100.Copy of Dauphin Realty MLS listing #228962p for 7216 Wynnridge Dr., Mobile, AL, 

indicating LD of 1 August 2011, XD of 8/5/2011, a CD of 5 August 2011 and a SoldPrice 

of $420,000.

101.Courtyard Manor Event Contract for Jan Ladnier dated 5 February 2010.

102.Sea Pearl Seafood letter dated 24 July 2010.

103.John L. Leflore High School letter dated 13 June 2010.

104.Sara C. Lewis letter dated 7 July 2010.

105.Victoria Cawthorn letter (unsigned) dated 4 September 2010.

106.Purchase Agreement for 1457 Boudousquie Street, Mobile, Ala, dated 25 September 

2009, between Valerie Jackson and Jami E. Bailey.

107.Decision of the U.S. Bankruptcy Court, Southern District of Alabama, under Chapter 13, 

Case No.: 11-02471 MAM, decided 27 July 2011.

108.To Whom It May Concern letter dated 22 September 2011 by Jami E. Bailey.

109.Byrd Properties, LLC, d/b/a Ty Irby Realty check no. 1020 dated 1 September 2010, 

payable to ReMax Professionals in the amount of $58.29, with the description, For 

Commission (Aug) 5963 Hwy 90W.

110.MapQuest undated graphic and route showing travel estimate of 1.07 miles – about 3 

minutes, between 751 Dauphin St. and 1 S. Water St, both in Mobile, AL.

111.Claimant’s unsigned letter of 17 January 2012 providing explanations of seven questions 

presented by the NPFC staff.

112.The Dinkins appraisal Group letter dated 1 June 2004 to Brenda Bailey, Re: Bid For 

Appraisal Work. 

113.Unsigned and voided Alexis Investment Corporation check no. 1065, dated 6 September 

2007, with the following corporate check records: #1082, dated 4/2/08 and payable to 

Bernadette Bailey in the amount of $600.00; #1095, undated and payable to Brenda 

Bailey in the amount of 600.00; #1109, dated 14 August 2009 and payable to Brenda 

Bailey in the amount of $600.00; #1133, dated 1 March 2010 and payable to Bernadette 

Bailey in the amount of $600.00 with the note For Feb.

114.Bailey’s Property Management letter to Wells Fargo Home Mortgage, dated 25 August 

2010 Re: 1760 Cheeseman Avenue, Whistler, AL 36612.

115.Letter from Concheater Ross of Theodore, Ala., signed and dated 15 August 2010, with 

June-July 2010 emails.

116.Courtyard Manor unaddressed and undated letter from Bernadette Bailey to new special 

event customers.

117.Claimant email to NPFC on 14 February 2012.

118.Claimant email to NPFC on 10 February 2012.

119.Claimant letter to NPFC dated 23 January 2012.

120.Alabama Real Estate Licensee’s Claim Fund payment #30479 for $8,696.00.

121.Alabama Real Estate Licensee’s Claim Fund payment #30912 for $21,150.00.

122.Alabama Real Estate Licensee’s Claim Fund payment #31983 for $14,490.00.

123.The Alabama Association of Realtors, Inc. letter to the Claimant dated 22 November 

2010.

124. Optional OSLTF Claim Form (page 1 only) amending claim amount to $193,500.00.

125. Commission Calculation Work Sheet for Agents -- for: Brenda Bailey, property: 2508 

Magnolia Grand Ct., closed: 17 December 2011.

126. Purchase Agreement dated 22 July 2009 for property at 7804 Heaton Drive East, 

between Concheater R. Ross and Kenxx J. Carlxxx.

127. Residential MLS listing for 7804 Heaton Dr. E., Theodore, AL, listing date 19 

September 2007.

128. Purchase Agreement dated 22 July 2009 for property at 958 McCay Avenue, Mobile, 

AL, dated 30 June 2010, offer signed by Alfred Murphy, but not accepted.
129. Home Inspection Report (Cover Sheet only) for 958 McCay Avenue, Mobile, AL, 

dated 6/19/2010, with invoice to Alfred Murphy and 5 emails with Mr. Murphy.

130. Claimant’s Form 8829 for 2008.

131. Claimant’s Form 8829 for 2009.

132. Federal Supporting Statements for 2010 taxes.