A retired dog handler was bequeathed a painting by an artist whose work sells for millions – but he got a rude shock when he auctioned it off for what he hoped would be $10 million.
Mark Herman, 68, received Chuck Close’s abstract work from his friend and former client Isidore Silver, a retired attorney.
Silver, 87, had represented Close in a high-profile First Amendment case against the University of Massachusetts in the 1960s after the institution tried to ban him from displaying nude content as part of an exhibition of his work.
He received the abstract nude from his former client and bequeathed it to Herman in his final days after the two became good friends when Herman began working as a handler for his beloved toy poodle.
Other works by Close have fetched up to $4.8 million at auction, and after a months-long battle to prove the painting’s authenticity, Herman finally seemed poised to reap a big payout.
“I was on cloud nine,” he told the New York Times. He even hallucinated that he would sell the painting for up to $10 million – while stumbling upon magic mushrooms.
Mark Herman was bequeathed a $10 million painting by Chuck Close but was stunned when it sold at auction for just $40,000
The former dog handler, 68, received the artwork from his client Isidore Silver after the pair became close before Silver’s death
But at a Heritage Auctions auction in Dallas earlier this week, the lot received just a single bid and ultimately sold for $40,000 – a fraction of the price he had envisioned.
“I thought it would cost maybe a couple hundred thousand, maybe a million,” Herman explained. “What’s with the backstory and all the advertising?” But I can’t complain. The way I see it, it’s free money.’
The painting came to the art world’s attention after Herman originally slated it for sale at Sotheby’s, but the auction house pulled out of the sale at the last minute because it could not verify its authenticity.
After being asked to pay $1,742 in auction costs, Herman had given up on selling the 64-by-80-inch painting. That’s when an archivist at the University of Massachusetts discovered evidence of his origins.
An excerpt from the 1967 student paper on Close’s banned exhibition showed him posing with the painting in question.
“It was like fireworks went off in my head,” Herman said. “It was one of those Hollywood moments. And I still feel like he was such a good friend of mine.”
After Silver’s death, Herman received $5,000 from his friend’s family in recognition of everything he had done for him. He also took custody of his dog Philippe.
“His son always felt like the painting was his birthright, so I agreed that I would pay him 12.5 percent of what came of it, that’s what I promised him,” Herman added.
Isidore Silver represented the painting’s artist, Chuck Close, in a high-profile First Amendment lawsuit after Close’s employer, the University of Massachusetts, tried to ban his exhibition because it featured nudity
Herman kept the painting rolled up in his Manhattan apartment before deciding to sell it to Sotheby’s, which backed out of the sale at the last minute because it could not verify its authenticity
He pointed out that while the price he received for the painting was well below some estimates, it was “about what it’s worth.”
“I mean, it’s not a life-changing amount, but it’s good.” They don’t go for more than $75,000, there are some who went for more. But that was an outlier, it’s not representative of his work,” Herman said.
Demand for Close’s paintings has also declined since several women accused him of sexual misconduct in the wake of the #MeToo movement.
Herman stated that he never really knew how the painting came into Silver’s possession and suspected that it may have been a gift or payment for his services during his trial.
Ultimately, Close lost the case and his job on appeal, and both he and Silver eventually moved to New York.
Herman, who owns a video and audio company, decided to sell because he didn’t have wall space for it in his Manhattan apartment.
“I would have liked to keep it, but it screams for a home in the Hamptons,” Herman said. “The guy who bought it probably has a bigger wall.”
He explained that he had never dabbled in the world of auctions before, although he turned down several offers, some as high as $36,000, before deciding to auction the piece.
An archivist at UMASS eventually discovered a newspaper clipping from 1967 that showed Chuck Close (pictured) posing with the photo as part of the banned exhibition
Herman is philosophical about the relatively small payout, saying, “The way I look at it, it’s free money.”
“I know high-end video, I know jazz, but I don’t know anything about art,” Herman added, revealing that several people had contacted him to tell him he was displaying the painting upside down had.
“It looks better this way,” he said. “The signature is the right way up when it’s hung like that, or so I told the auction house, so they have my opinion on it,” he joked.
He also revealed that a friend connected in the Paris art world had tipped him off that the rare painting might even attract the wrong kind of attention.
“He said people could come at night and steal it,” Herman explained.
So he’s ready to ditch it, pointing out that the painting sold for more than $10,000 to $20,000 than Sotheby’s had valued it at.
He’s now focused on getting a screenwriter on board to tell his story for the big screen, and even revealed that Brad Pitt is being tipped as a possible lead actor.
“If we get Brad Pitt on board, then we’ll be successful,” Herman said.
He added that Milo Addica, a screenwriter behind the film Monster’s Ball, had also been in touch and was interested in writing something.
“He told me he was Chuck’s godson and he wanted to make a film about the First Amendment issue, but the family turned him down,” he added.
“It’s like Warhol said: I’m just getting my 15 minutes of fame.” It was nice to read people’s comments, they seem to have responded well.
“But even without me finding the painting, it’s still such an interesting First Amendment case.”