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  1. #31
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    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting jk
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    I said if you commit a crime you are a criminal. It matters not whether you are prosecuted and found guilty. Using your statement, as long as a killer is not convicted, no matter how many people they kill, they are not a criminal.. that is simply not correct. If convicted they become a convicted criminal. Those are two different issues.


    the presumption of innocence is regarding the prosecution of the crime. Whether they are a criminal is a matter of fact regardless what a court may decide. Many many criminals are found not guilty for a variety of reasons. Many criminals are not prosecuted if they aren’t caught or there isn’t enough evidence to successfully prosecute them. That doesn’t make them any less a criminal. It just means the state couldn’t prove they committed the crime.


    the op said nothing about paying his mother anything for the property. I suspect if he purchased his mother’s home he would have said something about it. The terminology used doesn’t suggest there was payment. If he did pay his mother, it could help his case, depending on how much he paid for it compared to market value.

    as to a default judgment can be overturned:

    sometimes. There are reasons some can be overturned but there are also default judgments that cannot be overturned. The specific facts matter. Even if a defendant hasn’t been physically served, that does not necessarily allow for a defauit judgment to be set aside. Courts have rules of service and if those rules were complied with, actual service isnt always necessary. As one example: sometimes service by publication is adequate. Again,,specific facts matter.
    According to your definition of criminal, we are all criminals because at one time or another in one's life they violate a law knowingly or inadvertently. It could be tax evasion, speeding, passing through a red light, bouncing a check, running over a squeal (animal cruelty), placing something in someone's mailbox. Those are all crimes. And while the definition of criminal is someone who commits a crime is the definition, not all people that may have committed a crime (in the technical sense) are criminals. But all convicted criminals have committed a crime.

    So let me ask you, when you fill out a job application and the question is have you ever committed a crime, do you answer yes?

    The US Supreme Court has ruled (I posted the cite in another thread) that you cannot take someone's real property without actually serving the person and knowing that the person was personally served. And being in jail where the defendant has no access to read legal postings in a newspaper is hardly service.

  2. #32
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    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting budwad
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    According to your definition of criminal, we are all criminals because at one time or another in one's life they violate a law knowingly or inadvertently. It could be tax evasion, speeding, passing through a red light, bouncing a check, running over a squeal (animal cruelty), placing something in someone's mailbox. Those are all crimes. And while the definition of criminal is someone who commits a crime is the definition, not all people that may have committed a crime (in the technical sense) are criminals. But all convicted criminals have committed a crime.

    So let me ask you, when you fill out a job application and the question is have you ever committed a crime, do you answer yes?

    The US Supreme Court has ruled (I posted the cite in another thread) that you cannot take someone's real property without actually serving the person and knowing that the person was personally served. And being in jail where the defendant has no access to read legal postings in a newspaper is hardly service.

    According to the dictionary definition I posted, yes, just as we are all sinners, we are all also criminals at some level if we live a typical life.


    and itís funny that you state all people convicted of a crime are criminals, at least regarding the crime they were convicted of. That is incorrect. Never heard of an innocent man being convicted of a crime he didnít commit? It has happened a lot throughout history. As I said: determining whether a person is a criminal or not is a matter of fact. Whether a court has convicted one of a crime or not doesnít change the factual determination of whether one has committed a crime or not.


    to the employment question: I donít believe I have ever been asked that question. The last questionnaire I filled out asked if I have ever been convicted of a crime. I believe that is the typical wording of that line of questioning.

    to taking a persons property without being served: that doesnít apply here. If the deed was rescinded, it was decided the property was never the opís. The court ruled it was always the mothers and the deed was invalid from inception ergo your citation would not apply.

    regarding the issue of being in jail and the issue of service by publication: you are intertwining two different topics. My explanation of service by publication was merely an example of one way the rules of service could be properly fulfilled and a party not be physically served. There are often other exceptions to actual physical service available. What is of concern is whether the rules of service were fulfilled. We donít have the info available to make such a determination.

  3. #33
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    Default Re: Quitclaim Overturned Due to Duress

    You like to argue minutia. Go ahead and knock yourself out.

  4. #34
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    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting jk
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    According to the dictionary definition I posted, yes, just as we are all sinners, we are all also criminals at some level if we live a typical life.


    and it’s funny that you state all people convicted of a crime are criminals, at least regarding the crime they were convicted of. That is incorrect. Never heard of an innocent man being convicted of a crime he didn’t commit? It has happened a lot throughout history. As I said: determining whether a person is a criminal or not is a matter of fact. Whether a court has convicted one of a crime or not doesn’t change the factual determination of whether one has committed a crime or not.


    to the employment question: I don’t believe I have ever been asked that question. The last questionnaire I filled out asked if I have ever been convicted of a crime. I believe that is the typical wording of that line of questioning.

    to taking a persons property without being served: that doesn’t apply here. If the deed was rescinded, it was decided the property was never the op’s. The court ruled it was always the mothers and the deed was invalid from inception ergo your citation would not apply.

    regarding the issue of being in jail and the issue of service by publication: you are intertwining two different topics. My explanation of service by publication was merely an example of one way the rules of service could be properly fulfilled and a party not be physically served. There are often other exceptions to actual physical service available. What is of concern is whether the rules of service were fulfilled. We don’t have the info available to make such a determination.
    Except, once again, he paid 350k for the home, and a court would not steal 350k from him. Mom cannot refund the 350k because his sister already drained that money from his mom.

  5. #35
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    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting budwad
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    You like to argue minutia. Go ahead and knock yourself out.
    I think you misspelled facts.

    Quote Quoting llworking
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    Except, once again, he paid 350k for the home, and a court would not steal 350k from him. Mom cannot refund the 350k because his sister already drained that money from his mom.

    If the market value was $350,000, then he should prevail in his endeavor if he can overcome the current judgment. If it was an extreme under value amount, then as many scammers have discovered, sometimes you lose your money. Of course he could always sue his mother for the money.


    the Story is implausible. If he owned a $350,000 home free and clear, it is unlikely he would have qualified for a public defender. (Remember, at the time the deed had not been rescinded). If he owned a $350,000 home free and clear and had the where with all to have that sum of money available to pay his mother, he would have likely had a reasonable income. People with accumulations of that sort of cash or even the ability to acquire such amount of cash generally don’t qualify for a public defender. They also tend to have the means to bail themselves out of jail yet the op sat in jail for, in his words, a very very very long time. (three very’s suggests a very long time but op went on to state it was only 6 months) Then, somehow when he was in jail for this very long time, ops finances were drained. So how does the op know sister stole the $350,000 from mom and the $100,000 from brother? Given the relationships I suspect he would not be privy to any information that would allow him to have proof of anything.



    oh, since the brother is on social security, he wouldn’t be allowed to have $100,000. Anything beyond a small amount becomes problematic. Having $100,000 would make him ineligible for ssi (yes, I’m assuming the brother is not beyond full retirement age so cash on hand does become a concern).

    but the kicker: op said this:


    In the end and after 6 months of jail (the judge yelled and screamed at me for all the unkind things my brother said I had done to him and my mother that were not true) and imposed some pretty stiff penalties and requirements.

    people that are not convicted are not given stiff penalties and requirements upon release.


    apparently all of you also missed this:


    Then, comes the reversal of the Quitclaim. My sister hired an attorney who got to have his way in court because I was no longer anywhere near the state of Washington. I left that life behind. The attorney won a default judgement because I never knew about it, couldn't be reached, couldn't be found they claim (though my sister and family have my email, phone number, facebook, linkedin, etc, etc). The attorney representing my mother claimed I forced my mother under duress to sign over the PoA and house (yet a notary was present) and also argued squatters rights to get the house back. So, it is over turned, the Quitclaim deed is reversed and I lose the house.


    the court activities regarding the rescission of the deed did not take place while the op was in jail so why anybody argued the op was in jail somehow affords the op a defense to lack of service is beyond me. In fact, why the op related any of the information regarding his criminal charges has me baffled. The criminal issue has absolutely nothing, at least as stated, with the issue regarding the deed.




  6. #36
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    Default Re: Quitclaim Overturned Due to Duress

    If the brother was on SSDI or regular retirement benefits the brother could have all of the assets he wanted. The only time that SS benefits are mean tested is if its SSI. You are assuming it was SSI, when it's more likely that it was not. In fact, that 100k might even have been lump sum back SSDI if it took them 4 or 5 years to get SSDI approved.

  7. #37
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    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting llworking
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    If the brother was on SSDI or regular retirement benefits the brother could have all of the assets he wanted. The only time that SS benefits are mean tested is if its SSI. You are assuming it was SSI, when it's more likely that it was not. In fact, that 100k might even have been lump sum back SSDI if it took them 4 or 5 years to get SSDI approved.
    how you can conclude it is more than likely not ssi is beyond me. You have absolutely no facts, or even suggestions that would allow you to properly draw such a conclusion.

    Given the brother has always lived with the mother, given it’s a mental illness, well let’s just say that most people in such situations don’t earn enough to bank $100,000 or earn a benefit amount on ssdi to bank that much.

    Of course none of that affects the real issue and the implausible scenario presented. Again, the issue with the brother and jail have nothing to do with the issue with the deed.

  8. #38

    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting jk
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    how you can conclude it is more than likely not ssi is beyond me. You have absolutely no facts, or even suggestions that would allow you to properly draw such a conclusion.

    Given the brother has always lived with the mother, given it’s a mental illness, well let’s just say that most people in such situations don’t earn enough to bank $100,000 or earn a benefit amount on ssdi to bank that much.

    Of course none of that affects the real issue and the implausible scenario presented. Again, the issue with the brother and jail have nothing to do with the issue with the deed.
    I'm surprised this is still on going.

    My brother's SSI/SSDI question: It was not a lump sum but rather accumulation over probably 20 years. Two people who had access to it, my mother, my sister. What did my sister do? Rob him blind and being the schizoid he is, he almost killed several people when he found out he was broke. What did my sister do to me? Overturn the deed of my house into her name. What did my sister do to my mother? Take all her assets, including the value of the property, assessed near 350,000$ (even though it was in my name at the end), which also was the amount of assets included on the PoA that I was allowed to transfer. What did my sister do to my brother? Well, she was joint on the bank account with my mother where my brothers SSI/DI benefits were deposited. I don't know which one he gets, he got on it before 18 and has never worked. He literally is medically and clinically crazy and cannot work, maintain budgets or cash or assets.

    Quote Quoting jk
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    I think you misspelled facts.




    If the market value was $350,000, then he should prevail in his endeavor if he can overcome the current judgment. If it was an extreme under value amount, then as many scammers have discovered, sometimes you lose your money. Of course he could always sue his mother for the money.


    the Story is implausible. If he owned a $350,000 home free and clear, it is unlikely he would have qualified for a public defender. (Remember, at the time the deed had not been rescinded). If he owned a $350,000 home free and clear and had the where with all to have that sum of money available to pay his mother, he would have likely had a reasonable income. People with accumulations of that sort of cash or even the ability to acquire such amount of cash generally don’t qualify for a public defender. They also tend to have the means to bail themselves out of jail yet the op sat in jail for, in his words, a very very very long time. (three very’s suggests a very long time but op went on to state it was only 6 months) Then, somehow when he was in jail for this very long time, ops finances were drained. So how does the op know sister stole the $350,000 from mom and the $100,000 from brother? Given the relationships I suspect he would not be privy to any information that would allow him to have proof of anything.



    oh, since the brother is on social security, he wouldn’t be allowed to have $100,000. Anything beyond a small amount becomes problematic. Having $100,000 would make him ineligible for ssi (yes, I’m assuming the brother is not beyond full retirement age so cash on hand does become a concern).

    but the kicker: op said this:




    people that are not convicted are not given stiff penalties and requirements upon release.


    apparently all of you also missed this:





    the court activities regarding the rescission of the deed did not take place while the op was in jail so why anybody argued the op was in jail somehow affords the op a defense to lack of service is beyond me. In fact, why the op related any of the information regarding his criminal charges has me baffled. The criminal issue has absolutely nothing, at least as stated, with the issue regarding the deed.



    While many facts are absent, not all facts are needed to ask a question to get an answer. I tried, and apparently I failed horribly.

    Nobody knows the full facts but me. Nobody knows my financial ability, capability, assets, or any of that. Did you know you can have $5,000,000 in assets but because you have no income, maybe you are now suddenly disabled, maybe you got injured on the job or offsite...What it comes down to is your current situation. If your income is $0, less than $0 (yes, that can happen), or under the minimum requirements, you may qualify for state and federal benefits.

    Does anyone here know my past? My work experience? Assets, cash on hand, liquid? No. However, I was able to make a transaction of $350,000 (albeit, it happened while I had an income). Things change, yes, I went to jail, and no, that does not make me a criminal. A total stranger can send you to jail. Especially if you are male, and a woman accuses you of specific situations and functions (shall I say it? a crime!). So, lets just not get started on that.

    Also, not accounting for COLA, SSDI benefits maxes out at around $2800, plus or minus $100. If you have enough eligible work credits and made a very decent living, you would qualify for this.

    JK is very meticulous, and good work. You are very detailed. I appreciate that. I was not convicted of the alleged crime that happened. It got tossed out. However, it also made the prosecuting attorney angry. While I don't know the details or how it works, more charges were added of lesser degree months later, after the initial charges, and after I got my initial charges dismissed. But I remained in jail because they were added to the initial charges. While the more serious allegations of assault were dismissed, I was hit some very strange charges and I just said whatever, I'm done and wanted to get on with my life. You want to know what they were? Mischievous mischief and burning up old rotten wood, boxes, etc on a large property. It was considered reckless, endangering, and I tried to argue the property was mine, on my land, I had the right to do so, but when all this went down with the alleged assault, the fire department also came and extinguished a fire probably 100 yards from the house in a designated fire area used many dozens of times to burn non-hazardous expendables. Like all my neighbors do.

  9. #39
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    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting ajmcello78
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    I'm surprised this is still on going.

    My brother's SSI/SSDI question: It was not a lump sump but rather accumulation over probably 20 years. Two people who had access to it, my mother, my sister. What did my sister do? Rob him blind and being the schizoid he is, he almost killed several people when he found out he was broke. What did my sister do to me? Overturn the deed of my house into her name. What did my sister do to my mother? Take all her assets, including the value of the property, assessed near 350,000$ (even though it was in my name at the end), which also was the amount of assets included on the PoA that I was allowed to transfer. What did my sister do to my brother? Well, she was joint on the bank account with my mother where my brothers SSI/DI benefits were deposited. I don't know which one he gets, he got on it before 18 and has never worked. He literally is medically and clinically crazy and cannot work, maintain budgets or cash or assets.



    While many facts are absent, not all facts are needed to ask a question to get an answer. I tried, and apparently I failed horribly.

    Nobody knows the full facts but me. Nobody knows my financial ability, capability, assets, or any of that. Did you know you can have $5,000,000 in assets but because you have no income, maybe you are now suddenly disabled, maybe you got injured on the job or offsite...What it comes down to is your current situation. If your income is $0, less than $0 (yes, that can happen), or under the minimum requirements, you may qualify for state and federal benefits.

    Does anyone here know my past? My work experience? Assets, cash on hand, liquid? No. However, I was able to make a transaction of $350,000 (albeit, it happened while I had an income). Things change, yes, I went to jail, and no, that does not make me a criminal. A total stranger can send you to jail. Especially if you are male, and a woman accuses you of specific situations and functions. So, lets just not get started on that.
    If your brother never worked he wouldnít be eligible for ssdi. He either receives ssi (currently $771/month max benefits to a single individual) or survivors benefits from a benefactors account (parent or certain limited other parties that he depended on for support) that died. If it was ssi, He wouldnít be allowed to have that much money available to him. If it was survivors benefits, itís not possible for me to even guess whether it was possible to accrue $100,000

    it isnít worth continuing the conversation as you tend to drift off into rambling and irrelevant land without providing any actual facts or information.

    so, if you want to attempt to fight the revocation of the deed, gather up a bunch of money and find a lawyer that believes you have a fighting chance of winning. Otherwise accept the situation as it is. This isnít a do it yourself project.

    also, your sister could not have overturned the deed you received and put it in her name. Your mother would had to seek to have the deed rescinded (your sister is not a party to the action and as such had no dog in that fight) and if it was, it would revert to your mothers name. If your mother chose to transfer the title to your sister after that, that was up to your mother. Your claim she had it transferred to her name from your name shows your lack of understanding of the issues involved.

  10. #40

    Default Re: Quitclaim Overturned Due to Duress

    Ok, then it is SSI, and it was accumulated over tens of years. So lets say $700/mo + 20 years, that's about 168K. So, he got dished out around 68K to live on while staying with my family. And my sister took the rest, which I saw because I had PoA and requested all the bank statements. She depleted my brother, my mother, and then went after me.

    He did accrue over 100,000$ USD. It was put in a bank account for him to be used as a safety net later in his life. My mother and father paid for his expenses throughout his life until my father passed. Then things went to hell.

    No, I don't drift off, I tried to minimize and stick to factual details, but well, some people here like to argue til the cows have wings and never return to pastures o' plenty.

    Yes, it did revert back to my mothers name, however, my mother is incapacitated. It was my sister who initiated and did all the work, and in the end, she gets the prize (so far). She advocated for my mother and against me. I don't know whether she has a PoA now or what the situation with her and mother is. She is in property management, so she was very organized and methodical in this process. While it did revert back to my mother, it was my sister who then took over possession and ownership of all my mothers assets after I was out of the picture.

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