[WSBARP] Fraudulent Transfer - Theft by Deed - Conversion

[Rich Holland]

Original lender should foreclose immediately.

From: wsbarp-owner at lists.wsbarppt.com [mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Matt Albrecht
Sent: Tuesday, February 17, 2015 11:15 AM
To: WSBA Real Property Listserv
Cc: WSBA RPPT Real Property Discussion Forum
Subject: Re: [WSBARP] Fraudulent Transfer - Theft by Deed - Conversion


Try slander of title?
On Feb 17, 2015 11:11 AM, "Tom J. Westbrook" <tjw at w3net.net<mailto:tjw at w3net.net>> wrote:
This is a new one for me. Member that is NOT the Manager of LLC drafts and executes a QCD on LLC owned real property claiming to have managerial authority when he does not (misrepresentation to Notary as well). To make matters even worse, he transfers the property to himself. Then he also files mortgages against the real estate to himself, personally. The real estate is already encumbered by DOT to original lender to LLC. Of course this all violates the transfer of beneficially ownership clause and lender knows about the transfer but has not taken action yet. So, what is our action to bring? It really is not what is typically considered a fraudulent transfer, although certainly a transfer by fraud; is there such a thing as theft by deed? Since it deals with real property can it be considered a conversion????

The entire set of transactions is so egregious and hard to believe, that my mind is frankly stunned. Hoping one or more of you have some guidance for me………..

Sincerely,

Tom

Thomas J. Westbrook
Attorney at Law

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Rodgers, Kee & Card
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