[WSBARP] Post-Divorce Property Transfer Debacle Question

[Ross Gardner]

Thank you for your responses. It seems as though my impressions have been
confirmed.

Have a great weekend all!

Ross
On Jan 8, 2016 10:21 AM, "hhherman2" <hhherman2 at comcast.net> wrote:

> I agree with Eric. I think your client got what he bargained for. There
> are at least two ways to get your name off the mortgage, One is to try to
> get the mortgagee to remove it, which is usually a fruitless effort, or pay
> off the mortgage. In this case the mortgage would have been paid off in the
> closing of the sale. The title company probably agreed to go around your
> client in dependence on the settlement agreement and the client’s refusal
> to give the quit claim deed as agreed. The Ex’s dealings with her parents
> was of no consequence your client.
>
>
>
> Howard Herman
>
> Herman Herman & Jolley. PS
>
> 12340 E Valleyway
>
> Spokane Valley WA 99216
>
> 509.220.5810
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
> wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Eric Nelsen
> *Sent:* Thursday, January 7, 2016 4:32 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Post-Divorce Property Transfer Debacle Question
>
>
>
> It sounds to me like client's sole interest was to no longer be on the
> mortgage? And that mortgage has been extinguished at this point, by the
> sale to a third party?
>
>
>
> The "backyard mortgage" also sounds like a technical violation of the
> property settlement agreement, but not an issue if no prejudice resulted to
> the client. Since the ex received the property, an undisclosed mortgage
> simply diminishes the value of the property received by the ex.
>
>
>
> If that is the case, then I agree, nothing here is actionable by client.
> Regardless of what the ex is doing, it has nothing to do with the client.
> So long as nothing in the shady transactions traces to the client.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1320 University St
>
> Seattle WA 98101-2837
>
> phone 206-625-0092
>
> fax 206-625-9040
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [
> mailto:wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com>] *On Behalf Of *Ross Gardner
> *Sent:* Thursday, January 07, 2016 4:06 PM
> *To:* WSBA Real Property Listserv
> *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
> Ross at tglawgrp.com
>
> www.tglawgrp.com
>
>
>
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