[WSBARP] Fraudulent Transfer - Theft by Deed - Conversion

[Rick Hoss]

Breach of operating agreement? Violation of statute? (rcw 25.15.150), Common law fraud? 

Estoppel!

Rick

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Tom J. Westbrook
Sent: Tuesday, February 17, 2015 11:34 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Fraudulent Transfer - Theft by Deed - Conversion

 

But that also wipes out my client’s interest. Are you suggesting a friendly foreclosure where they agree to reset with my client? The managing member has several million in personal guarantees on the loans and the bad actor has none. Also, lots of equity in the property.

 

Regards,

 

             Tom

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rich Holland
Sent: Tuesday, February 17, 2015 11:22 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Fraudulent Transfer - Theft by Deed - Conversion

 

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> 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

 

cid:image001.jpg at 01CFC835.0D3988D0

 

Rodgers, Kee & Card

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

 

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

 

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