Fagaiofu

This magnificent property, consisting of 240 acres in Samoa, with a sheltered, undeveloped beach, has a long and storied history which is still unfolding. Lena first transferred this property, in its entirety, to her son John, who wanted to build a school there for disabled children. When access and resources could not be arranged, and not coincidentally, its value established, he then “sold” it back to his mother for a song so she could distribute it in equal shares to all her 6 children. Four sixths of Fagaiofu were transferred to Mike (who already had 1/6) in settlement in 1982, Frances retaining her 1/6 as with all other properties. In the ensuing years, the property wound its way through the Samoa courts, Mike put it on the market for $6m, after which it finally landed in the real estate portfolio of the Haleck Family in 2008. Frances was unaware of this transfer, and the matter remains under litigation and review today. For that reason, the publishable file is very thin, and interested persons are referred to the transcripts and available evidence.  Sadly, Fagaiofu was litigated mostly in the American Samoa court where the lawyers declined to assert jurisdiction over the 1982 Settlement Agreement, which was actually a binding contract and fully enforceable there.

When the High Court of American Samoa rendered its decision in 2018 concerning Olo, Frances removed her remaining claims to the federal courts in California, which removal was fought mightily by Hall to no avail.  The pleadings there are public information, but many of the relevant files must remain pinned for now.

Fagaiofu was recently selected by the reality tv show “Survivor” as the location for the production of “Survivor Samoa,” most likely because of its stunning beauty and proximity to essential services. The Haleck Family which purchased Fagaiofu is building a resort so named. John is likely peering down from Heaven at this result. We had a title search done to confirm that the sale to the Halecks was perfected,  without Frances’ name on the transfer.  Because that document is publicly available from the Registrar we include that here, unpinned.