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What to do with a foster horse you can no longer afford?-PLS SEE LAST PG,HOME FOUND!

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  • #21
    1) Either send him back to the rescue or

    2) If you have found a forever home for him, send a certified letter to the rescue stating that you have been trying to contact them, you need to place him and give them x amount of time to contact you, after which time you are going to place him with a home you have found.

    To cover your bases, I would check with a lawyer about any liability in this situation, but I think as long as you are trying to contact them and they are not getting back to you, it's the same as abandonment.

    Comment


    • #22
      I think I need to open up a horse "rescue" convince someone to house it for a year and then collect the "adoption" fee.

      I agree with Tamara, load him up and drop him off at the farm of the "rescue" you got him from.


      $700 for a basically unrideable horse? you've got to be kidding me.

      Comment


      • #23
        Originally posted by Karosel View Post
        $700 for a basically unrideable horse? you've got to be kidding me.
        his resale is $50 maybe if you don't have to pay someone gas money to come and get him.

        sad but that is the reality of the case.

        Tamara
        Production Acres,Pro A Welsh Cobs
        I am one of the last 210,000 remaining full time farmers in America.We feed the others.

        Comment


        • #24
          The missing part here is that the OP likes the horse.

          I guess if that is how the rescue runs, and I 'cared' about the horse, I sure wouldn't be shipping the horse back, knowing full well, they would give him to someone else who maybe will ship him off, sell him, give him away and he falls into bad hands.
          Not all rescues run well, and in fact, some are rather shady. We have one right now in NH that is being investigated...horses arrive, and end up as skeletons.

          In a perfect world, yes, she does not have legal ownership, but it sounds like OP is a better caretaker than the rescue.

          Not that it makes it right, but how many stories have we heard of a horse gone MIA from a foster, from a lease, etc, etc.

          At least imo, OP seems to care and is taking a concerned approach and has found the horse a good home, that I hope she fully vetted out. A lot more than the rescue has done by this horse.
          save lives...spay/neuter/geld

          Comment


          • #25
            I think you need some real legal advice here. If you don't have a friend who's a lawyer, you might try calling up the Law school that is closest to you (and is in the same state). Law schools often have legal clinics where they charge little to nothing to assist.

            It sounds as though you've found a possible home for this guy? But the prospective owner of the horse doesn't want to pay the $700 adoption fee? And your sense is that, because of the horse's issues, no one will be willing to pay the fee, and therefore you, as a foster will be left with the horse (whom you now care for but can't really afford any longer) basically forever. But the rescue organization still owns the horse and you can't rehome it legally on your own.

            Was there any contract at all between you and the rescue? Do you have emails, written promises, even a webshot of the rescue's website that discusses being a foster? Have you kept receipts documenting how much you've spent on the horse?

            Seriously, you need some legal advice, and I hope that it turns out that you can simply rehome the horse. It sounds like it's his best shot!

            Good luck.
            "The formula 'Two and two make five' is not without its attractions." --Dostoevsky

            Comment


            • #26
              From the rescue side of things....

              For anyone who wants to foster for any rescue in the future, make sure there is a fostering contract. We have one that for BEHS that spells out our responsibilities and the foster home's responsibilities (including that they need to give us 30 days warning if they no longer want to foster so we can find a place to put the horse).

              Since you don't have that, I would send them a certified letter stating what you have told us with a copy of the adoption application from the person who is interested in him. I WOULD NOT be too hard on he rescue for not placing him in an adoptive home already - I wouldn't be able to adopt that horse out, either. Although you can be critical of that adoption fee - we aren't getting that on broke to ride horses right now.

              In that letter, I would give them a deadline to either move the horse or adopt it out to the person you have found.

              In the meantime, I would check out stableman's liens and/or talk to the sheriff's department about what constitutes abandonment in your state and what can be done about it.

              I am sorry you have had a bad rescue experience. We are not all that way.
              Visit us at Bluebonnet Equine Humane Society - www.bluebonnetequine.org

              Want to get involved in rescue or start your own? Check out How to Start a Horse Rescue - www.howtostartarescue.com

              Comment


              • #27
                Originally posted by Posting Trot View Post
                I think you need some real legal advice here. If you don't have a friend who's a lawyer, you might try calling up the Law school that is closest to you (and is in the same state). Law schools often have legal clinics where they charge little to nothing to assist.

                It sounds as though you've found a possible home for this guy? But the prospective owner of the horse doesn't want to pay the $700 adoption fee? And your sense is that, because of the horse's issues, no one will be willing to pay the fee, and therefore you, as a foster will be left with the horse (whom you now care for but can't really afford any longer) basically forever. But the rescue organization still owns the horse and you can't rehome it legally on your own.

                Was there any contract at all between you and the rescue? Do you have emails, written promises, even a webshot of the rescue's website that discusses being a foster? Have you kept receipts documenting how much you've spent on the horse?

                Seriously, you need some legal advice, and I hope that it turns out that you can simply rehome the horse. It sounds like it's his best shot!

                Good luck.
                That is a good summary of what has come forth up to now and what seems sensible to do with what the situation seems.
                You don't want to find later you are liable for making decisions for a horse you don't own.

                Be sure you don't move the horse until you have the right to do so, according to the pertinent laws where you are.

                Comment

                • Original Poster

                  #28
                  I approached the rescue about 5-6 months ago asking for financial assistance (after I found out other foster people where being paid to foster). I said that due to my health issues and my income level, I needed to cut back and the only way I could continue to keep this horse on as a foster would be to get some type of assistance (even just for hay). I did not get a response.

                  I then sent an email stating that if the horse was not rehomed by Sept. 15th, I would assume ownership and find him a good home on my own. The home I have found is very close to me but I also find it hard to ask them to pay a $700 adoption fee on a basically green horse with genitic issues. They opted to adopt sans fee and send him to 30 days training so that he can be ridden by children safely. The same amount of money will be spent just not to the rescue, to a trainer instead.

                  I was mistaken about the contract thing. I applied to be a foster so there is some documentation but I have not reviewed it. I am just tired of being the patsy here. I have done for this horse the best that I can but I am physically tired (due to health issues). I love this horse and want the best for him. There is no place that I could haul him to and dump him plus I do not think I could do this to him.

                  The other issue is that he is registered and has papers. I want those papers as I think it is important to keep with the horse. It does add a bit to his value as it would allow someone to show him in the low level breed division that he belongs to. He would be a great horse for a little girl (like where I want him to go).

                  I will be contacting the rescue today and tell them the deadline has passed. I will keep you updated. My one fear is that they will show up in the middle of the night and try and take the horse from me. I would be broken hearted if the horse is just taken and I do not know what happens to him.
                  Keep in mind...normal is just a dryer setting.~anonymous

                  Comment


                  • #29
                    Google your state's bar association and find out if they have a lawyer referral service. Lawyers who subscribe to these services often must agree to do an initial consultation for a nominal fee (fifty bucks in SC). Find out what your rights are with this horse and act upon them. I bet you could exercise a stableman's lien and wind up as the horse's owner, then re-home him. As far as the papers - if you can't get duplicate papers from the registry, I imagine you're out of luck.
                    I'm not ignoring the rules. I'm interpreting the rules. Tamal, The Great British Baking Show

                    Comment


                    • #30
                      Originally posted by 7HL
                      I am sorry for your situation.

                      You are worried about the PAPERS? You said the horse didn't match the description. What makes you think there are papers? Don't start playing some game about you want to find a good home for a horse of poor conformation then start wondering where the papers are.

                      Place the horse with someone that wants it.

                      You never mentioned the rescues name, why? Is there more to the story?
                      I don't see the OP as playing games - more trying to assure a bigger safety net for the horse as it has issues that make it less desirable to the general horse community.

                      Second, I went and reread the OP's comment about the description - I understood that to mean from what the rescue SAID they were sending her, compared to what stepped off the trailer (not the description on the papers - because if she doesn't have the papers, she'd have no idea what they said, if that makes sense!)
                      Dee
                      Founder of the I LOFF my worrywart TB clique!
                      Official member of the "I Sing Silly Songs to My Animals!" Clique
                      http://wilddiamondintherough.blogspot.ca/

                      Comment


                      • #31
                        Send a CERTIFIED letter indicating that you have given them written notice of the deadline, deadline has passed, and you are now seeking legal action to assume ownership or declare the horse abandoned.

                        Like Cowgirl said, not all rescues operate like this, sorry you were taken advantage by one.

                        Forget the papers, as 7HL indicated, it's the least of your problems. Great that papers can travel with the horse through ownership but it's not the end of the world if they don't. His issues, your issues, far trump papers.

                        If you have a potential home, awesome, but you have to be tough and upfront with the rescue but still follow the laws. Can't give away something you don't legally own.

                        And this is again a tale of caution to KNOW who you are dealing with when it comes to horse groups. Good rescues are struggling, out here the average adoption rate among the local rescues is something like 18-24 months so if you are fostering, make sure to keep yourself fresh in the rescue's minds so you don't fall through any cracks.

                        Comment


                        • #32
                          When you send any letter, send it certified, return receipt requested. You will then get the little green card showing that letter was received or refused. This is evidence in any law suit.

                          Give them 10 days from receipt of your letter to pick up the horse or have it forfeited to you. Then rehome it, keeping all the records. These people might sue you, so you want to have everything documented.

                          Also bill them for every cent and expense and board from the time you previously notified them to pick up the horse. charge reasonable board and send a bill, also certifed, return receipt requested. You can sue them in small claims court.

                          I'd think any judge would consider the horse abandonned by the rescue. But you don't want to get sued for what the rescue will say is a 100,000 horse when he's worth 50$. So document every time you have asked the rescue to take him back. And read the contract. If it was for 6 months, then the rescue owes you board and expenses for the other months. Send the bill NOW>

                          Great of you to try to help the horse. Terrible that the rescue has essentially dumped him on you. Everything I take in is "mine" forever. Once I rescued a horse and rehomed him 2x with fosters where I paid expenses until his death at about 27 yoa. Never again will I do that.

                          Comment

                          • Original Poster

                            #33
                            In regards to the papers, I feel that this is the one saving grace this poor horse has. Outside his breed, he is a sway backed cribber with limited training. With papers, he has a better chance within his breed community. Sorry if you do not agree with this but due to the breed he is, I feel its important.

                            When I rescued my OTTB from the track, I did not bother to get his papers so I am certainly not a paper whore, lol. Plus, my OTTB was a stallion and if papers were of any importance, it would have been then as a stallion.

                            The other situation that I have is when I communicated with this rescue my health issues and income challenges, privately to their BOD email address, they felt the need to post it on their main board for all members to read. This information was sent to them PRIVATELY and they felt the need to send it to all their members. Not good.
                            Keep in mind...normal is just a dryer setting.~anonymous

                            Comment


                            • #34
                              then post to their MAIN board that you can't keep this animal and want them to either come get him or let you put him down or whatever.


                              if he is any breed and sway backed,even a saddlebred where it's known in some lines.

                              no one wants to feed an unrideable, swaybacked, cribber when half the country is broke and the other half is looking for hay that is being sent to Texas instead.

                              I understand you are fond of him but I doubt anyone wants to care for him in the way and scope that you have

                              Tamara
                              Production Acres,Pro A Welsh Cobs
                              I am one of the last 210,000 remaining full time farmers in America.We feed the others.

                              Comment


                              • #35
                                Originally posted by cloudyandcallie View Post
                                Give them 10 days from receipt of your letter to pick up the horse or have it forfeited to you. Then rehome it, keeping all the records. These people might sue you, so you want to have everything documented.
                                The OP needs to check her state's laws for the timeframe on notice to retrieve abandoned property before she can legally dispose of it. I had to do this with deadbeat tenants, and had to send a certified letter giving them 30 days not 10.

                                I also think it was very tacky of the rescue to post her email publically. Any legit rescue will have a procedure in place to handle situations where a foster home becomes unviable.

                                Comment


                                • #36
                                  I think we would all like to know who these people are. They sound absolutely ratty. They have treated you very rudely, considering what you have done for their organization.

                                  Comment


                                  • #37
                                    Originally posted by Finnegans Wake View Post
                                    In regards to the papers, I feel that this is the one saving grace this poor horse has. Outside his breed, he is a sway backed cribber with limited training. With papers, he has a better chance within his breed community. Sorry if you do not agree with this but due to the breed he is, I feel its important.

                                    In this current economy- much less of a saving grace than you think. He is still a sway backed cribber with limited training within his breed as well. Every single breed out there is feeling the pinch of the economy... there isn't a breed out there that doesn't have rescue horses needing to be saved.

                                    Comment


                                    • #38
                                      They need to abide by whatever agreement they had with you. Check your written contract. There's got to be a clause in there about how to terminate the agreement.

                                      You may want to have a lawyer review the Fostering Contract to see if you can qualify for ownership under your state's abandonment or stable owner's lien laws. As wonderful as the new home is, if the horse isn't legally yours yet, it's not fair to sell/give him away.... even if it's going to a great home. And you don't need the headache of possibly being sued later.

                                      Is it right or wrong the rescue won't give the $700 horse for free to the stranger upon request? I don't know and I won't get in the middle of it. My advice is that you shouldn't get in the middle of it either: have the potential buyer call the rescue and discuss it with them. If the Rescue won't place a horse with that person, that's their decision to make.

                                      Either way, you need the horse to move on. Review the terms of your adoption contract. Send the rescue a notice in writing. Email may not be acceptable in court; emails can go missing or can easily be faked. I would write them a short letter saying you're giving formal notice on ending the fostering agreement and they're to send a truck for the horse by __ date (however many days notice your contract says). Then send the letter Certified Mail / Return Receipt so you have proof it arrived. If the horse is still there by the date, you can either begin the process of taking ownership... or you can pay your own shipper to drop the horse off at their farm. If your contract specifies they'll handle transport, you could file in Small Claims court later to try to get your shipping expenses returned. You may also be eligible to ask for reimbursement for some of your expenses, but again - check the contract.

                                      Bottom line:
                                      - get everything in writing
                                      - re-read the Foster Contract. Have a lawyer review it, if necessary.
                                      - if you write them to end the contract, do it in a formal, traceable way (certified mail)
                                      - Do be reasonable and don't expect more than the contract allows for you. If/when this goes to court, you want to show the judge you acted in good faith. Be professional, no matter how unreasonable the other party seems.
                                      Veterinarians for Equine Welfare

                                      Comment


                                      • #39
                                        Finnegan, did they give you a contract? I went back and read your original post, didn't see you mention it. I am wondering if this is a handshake deal?

                                        I think those who advise to send the horse back to the rescue have the best advice, and let your friend apply to them for the horse, because otherwise you are opening yourself for at the least, more nasty snark from the rescue (you don't want your name and reputation smeared all over message boards), or at worst, a lawsuit. You have seen they already have no discretion in posting things about you.

                                        You accepted him knowing you wouldn't get reimbursement for expenses, finding out later they supported other people. So there's probably no getting any now.

                                        Send him back, let them place him, and hope for the best for this guy. You have all our support, the situation is just terrible.

                                        Comment


                                        • #40
                                          What a horrible situation. I don't recalling reading if you had called them, but maybe emails they can ignore isn't the way to go. You have proof that you've given them a deadline, proof in emails they are ignoring your requests, I would consider the horse abandoned. Your agreement was to keep the horse for 6 months, it's now a YEAR. They haven't held up their end of the agreement, you are in no way obligated to continue taking care of the of the horse, especially if you are simply rehoming it and not making a sale or profit from it.

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