Legal Question in Real Estate Law in Oregon
assignment of fraudulent trust deed
investor and my mentally ill husband on disability strongarmed the person whose name was on the ''make believe'' second trust, to sign an assigment of trust deed. I, the wife, own the home and am on mortgage. The person who was on the original second trust deed knew he should not sign the form but he was threaatened and intimidated into signing it. Home is in foreclosure. Not counting the ''second trust deed'' I have considerable equity and could sell it tomorrow, pay off the mortgage, a third trust deed, and still end up with around $l50,000 which I would be splitting with my husband anyway as set out in the petition for divorce.The ''paper'' or fraudulent trust deed never involved any money exchange. My husband had done this back in 2001 to protect us in a way that we would get the $160,000 showing as owing on the second trust deed if the home was ever foreclosed on. The other party was not aware of it, is a friend, and never wanted anything to do with it. My husband is bipolar I and unmedicated and very manipulative. This is the jist of the predicament, but there are more details. An answer or some advice to do with this matter within 48 hours could save my life. Please, please respond.
1 Answer from Attorneys
Re: assignment of fraudulent trust deed
My best possible advice? Call Melissa Huelsman today. You can locate any washington attorney at wsba.com; she's in Seattle.
What is problematic is that the second - the one you have problems with - was signed in 2001.
Why has it taken you six years to object? Is the second recorded? Whom does it benefit? (Who makes money off it?)
The other thing you could do -possibly- is to make a case that your husband is not competent to execute an agreement like this, but that would have been vastly more effective had you done it as soon as you learned about the second.
Melissa Huelsman is making a career out of litigating fraudulent mortgage transfers.
She may or may not know somebody in OR who can help you. Jurisdiction will lie in the state where the real property is located.
Hope this helps. Elizabeth Powell
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