[WSBARP] Post-Divorce Property Transfer Debacle Question

Ross Gardner rossgardner.jd at gmail.com
Thu Jan 7 16:37:39 PST 2016


No idea.  We have not been in contact with the buyer.  The Ex sold the
property without my Client's knowledge, and the sale was just recently
discovered.

On Thu, Jan 7, 2016 at 4:21 PM, Josh Grant <jgrant at accima.com> wrote:

> Did the buyer get title insurance?
>
> *From:* Ross Gardner <rossgardner.jd at gmail.com>
> *Sent:* Thursday, January 07, 2016 4:06 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Post-Divorce Property Transfer Debacle Question
>
> Good Afternoon Everyone,
>
> I have a bit of a unique situation.  I have a Client who divorced a couple
> of years ago.  As part of the property settlement agreement, C agreed to
> give the house to the Ex by quitclaim in exchange for being removed from
> the mortgage.  Ex also stated that there were no outstanding encumbrances
> or liabilities other than the mortgage and credit card debt.
>
> Ex asked C for the quitclaim deed in early 2014, but apparently refused to
> remove C's name from the mortgage, so C did not produce the quitclaim
> deed.  Somehow, the Ex was able to sell the home a few months later without
> C's consent.  The chain of title magically goes from Husband and Wife as
> owners of the property, to a single person transferring the property to a
> buyer.  Ex supposedly had to pay money into the deal to make it happen, so
> there were no proceeds.
>
> It also turns out that Ex mortgaged a portion of their backyard prior to
> the divorce to Ex's parents in exchange for $100k, which violated the
> property settlement agreement and also was probably not disclosed to the
> buyer.  That backyard portion was recently reconveyed to Ex.
>
> Although there were clearly shady dealings going on, I don't know if any
> of this is actionable since my client did not have any monetary damages.
> Obviously, we can probably try to undo the whole deal and/or report the
> real estate and title agents to their professional boards, but my client
> does not seem to want to go that route (thankfully).
>
> Does anyone have any other suggestions?  Is there anything I am missing?
> I would really appreciate any and all input on this.
>
> Thanks so much!
>
>
> Best Regards,
>
> Ross Gardner, J.D
> Attorney
> .
> 425-870-4430
> <RossGardner.JD at gmail.com>Ross at tglawgrp.com
> www.tglawgrp.com
>
>
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-- 
Best Regards,

Ross Gardner, J.D.
425-870-4430
RossGardner.JD at gmail.com
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